Case: 12-10667 Document: 00512146660 Page: 1 Date Filed: 02/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 19, 2013
No. 12-10667
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EDUARDO ARMENDARIS-RAMOS, also known as Miguel Lara-Rodriguez,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:12-CR-3-1
Before KING, CLEMENT, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Eduardo Armendaris-Ramos
raises an argument that he concedes is foreclosed by United States v. Newson,
515 F.3d 374, 377-78 (5th Cir. 2008), which held that the district court may not
award an additional one-level reduction under U.S. Sentencing Guidelines
Manual § 3E1.1(b) absent a motion from the Government and that the
Government may decline to move for the reduction based on the defendant’s
refusal to waive his right to appeal. Accordingly, the Government’s motion for
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 12-10667 Document: 00512146660 Page: 2 Date Filed: 02/19/2013
No. 12-10667
summary affirmance is GRANTED, its alternative motion for an extension of
time to file a brief is DENIED, and the judgment of the district court is
AFFIRMED.
2