USA v. Rafael Ramirez-Perez, No. 12-50390 (5th Cir. 2013)

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Case: 12-50390 Document: 00512147132 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. 12-50390 Conference Calendar February 19, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. RAFAEL RAMIREZ-PEREZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:11-CR-3090-1 Before KING, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Rafael Ramirez-Perez raises arguments that he concedes are foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 562-63 (5th Cir. 2008), which rejected the argument that the existence of fast track programs in some districts and not in others creates unwarranted sentencing disparities within the meaning of 18 U.S.C. § 3553(a)(6). The Government s motion for summary affirmance is GRANTED, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-50390 Document: 00512147132 Page: 2 Date Filed: 02/19/2013 No. 12-50390 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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