USA v. Luis Pinedo-Morales, No. 09-51013 (5th Cir. 2010)

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Case: 09-51013 Document: 00511205852 Page: 1 Date Filed: 08/17/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-51013 Conference Calendar August 17, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LUIS PINEDO-MORALES, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-1083-1 Before DAVIS, SMITH, and WIENER, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Luis Pinedo-Morales presents arguments that he concedes are foreclosed by United States v. GomezHerrera, 523 F.3d 554, 562-63 (5th Cir. 2008), which held that the disparity between sentences of defendants who can participate in a fast-track program and defendants who cannot is not unwarranted within the meaning of 18 U.S.C. § 3553(a)(6). The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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