Case: 12-10662 Document: 00512146630 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. 12-10662
Conference Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
DOMINGO CASTELLON,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:12-CR-36-1
Before KING, CLEMENT, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Domingo Castellon raises
arguments that he concedes are foreclosed by United States v. Miller, 665 F.3d
114, 119-23 (5th Cir. 2011), cert. denied, 132 S. Ct. 2773 (2012), which held that
“we will not reject [U.S. Sentencing Guidelines Manual § 2G2.2] as
‘unreasonable’ or ‘irrational’ simply because it is not based on empirical data and
even if it leads to some disparities in sentencing.” The Government’s motion for
summary affirmance is GRANTED, its alternative motion for an extension of
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10662 Document: 00512146630 Page: 2 Date Filed: 02/19/2013
No. 12-10662
time to file a brief is DENIED, and the judgment of the district court is
AFFIRMED.
2