USA v. Eduardo Armendaris-Ramos, No. 12-10667 (5th Cir. 2013)

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Case: 12-10667 Document: 00512146660 Page: 1 Date Filed: 02/19/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-10667 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDUARDO ARMENDARIS-RAMOS, also known as Miguel Lara-Rodriguez, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 1:12-CR-3-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Eduardo Armendaris-Ramos raises an argument that he concedes is foreclosed by United States v. Newson, 515 F.3d 374, 377-78 (5th Cir. 2008), which held that the district court may not award an additional one-level reduction under U.S. Sentencing Guidelines Manual § 3E1.1(b) absent a motion from the Government and that the Government may decline to move for the reduction based on the defendant s refusal to waive his right to appeal. Accordingly, the Government s motion for * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-10667 Document: 00512146660 Page: 2 Date Filed: 02/19/2013 No. 12-10667 summary affirmance is GRANTED, its 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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