USA v. Victor Sanchez, No. 11-41036 (5th Cir. 2012)

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Case: 11-41036 Document: 00511824248 Page: 1 Date Filed: 04/17/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-41036 Conference Calendar April 17, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VICTOR VILLANUEVA SANCHEZ, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:11-CR-607-1 Before JONES, Chief Judge, and JOLLY and SMITH, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Victor Villanueva Sanchez raises arguments that 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 U.S.S.G. ยง 3E1.1(b) based on the defendant s refusal to waive his right to appeal. The Government s motion for summary affirmance is GRANTED, the Government s alternative motion for an * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-41036 Document: 00511824248 Page: 2 Date Filed: 04/17/2012 No. 11-41036 extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2

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