USA v. Benito Lopez, No. 12-41271 (5th Cir. 2013)

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The court issued a subsequent related opinion or order on May 30, 2014.

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Case: 12-41271 Document: 00512346953 Page: 1 Date Filed: 08/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-41271 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BENITO HERNANDEZ LOPEZ, also known as Benito Lopez-Hernandez, also known as Pastor Lopez, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-433-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Benito Hernandez Lopez raises an argument that he concedes is foreclosed by United States v. Newson, 515 F.3d 374, 378-79 (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 appellant s motion for summary disposition is GRANTED, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.