United States v. Ricardo Ramirez-Rodriguez

Case: 12-10725 Document: 00512209133 Page: 1 Date Filed: 04/16/2013 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 16, 2013 No. 12-10725 Conference Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RICARDO RAMIREZ-RODRIGUEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:12-CR-4-1 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Ricardo Ramirez-Rodriguez raises arguments that he concedes are foreclosed by United States v. Newson, 515 F.3d 374, 377-78 (5th Cir. 2008), which held that the Government may decline to move for an additional one-point reduction under United States Sentencing Guidelines § 3E1.1(b) based on the defendant’s refusal to waive his right to appeal. The Government’s motion for summary affirmance is * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10725 Document: 00512209133 Page: 2 Date Filed: 04/16/2013 No. 12-10725 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