USA v. Juan Grajeda-Gonzalez, No. 12-10114 (5th Cir. 2012)

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Case: 12-10114 Document: 00511964048 Page: 1 Date Filed: 08/21/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10114 Conference Calendar August 21, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN GRAJEDA-GONZALEZ, Defendant-Appellant Appeals from the United States District Court for the Northern District of Texas USDC No. 3:11-CR-163-1 Before SMITH, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Juan Grajeda-Gonzalez raises arguments that he concedes are foreclosed by United States v. Newson, 515 F.3d 374 (5th Cir. 2008), which held that the Government may decline to move for an additional one-level 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 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. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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