USA v. Carlos Chavez-Flores, No. 12-50133 (5th Cir. 2012)

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Case: 12-50133 Document: 00512021771 Page: 1 Date Filed: 10/16/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-50133 Conference Calendar October 16, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CARLOS JOSE CHAVEZ-FLORES, also known as Carlos Jose Chavez, also known as Eddy Alejandro Rodriguez, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-1760-1 Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Carlos Jose Chavez-Flores raises arguments that he concedes are foreclosed by United States v. GomezHerrera, 523 F.3d 554, 562-63 (5th Cir. 2008), which rejected the argument that fast track programs create unwarranted disparities between defendants in districts that have the programs and defendants in districts that do not have such programs. * The Government s motion for summary affirmance is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50133 Document: 00512021771 Page: 2 Date Filed: 10/16/2012 No. 12-50133 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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