United States v. Domingo Castellon

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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