USA v. Lopez, No. 08-10437 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 08-10437 Conference Calendar November 5, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE ROBERTO LOPEZ Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 6:07-CR-65-ALL Before DAVIS, STEWART, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Roberto Lopez presents arguments that he concedes are foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 557-64 (5th Cir.), petition for cert. filed (July 2, 2008) (No. 08-5226) which held that any disparity in sentencing between fast-track and non-fasttrack jurisdictions is a function of Congressional policy and is not unwarranted under 18 U.S.C. § 3553(a)(6), and by United States v. Rodriguez, 523 F.3d 519, 526-27 (5th Cir.), petition for cert. filed (June 30, 2008) (No. 08-5101) which held that the lack of a fast-track program does not result in a violation of equal * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 08-10437 protection rights. See also United States v. Lopez-Velasquez, 526 F.3d 804, 808 (5th Cir.), petition for cert. filed (July 25, 2008) (No. 08-5514). The appellant s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

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