USA v. Ramon Rodriguez-Bermudez, No. 11-30393 (5th Cir. 2011)

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Case: 11-30393 Document: 00511699025 Page: 1 Date Filed: 12/19/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-30393 Conference Calendar December 19, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAMON RODRIGUEZ-BERMUDEZ, Defendant-Appellant Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:10-CR-107-1 Before KING, HAYNES, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Ramon Rodriguez-Bermudez presents arguments that he concedes are foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 562-63 (5th Cir. 2008), which held that the disparity in sentences that occurs because some defendants can participate in a fast-track program while others cannot is not unwarranted within the meaning of 18 U.S.C. § 3553(a)(6). The Government s motion for summary * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-30393 Document: 00511699025 Page: 2 Date Filed: 12/19/2011 No. 11-30393 affirmance is GRANTED, the Government s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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