USA v. Aniceto Vargas, No. 13-10260 (5th Cir. 2013)

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Case: 13-10260 Document: 00512473222 Page: 1 Date Filed: 12/17/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-10260 Conference Calendar December 17, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ANICETO BELTRAN VARGAS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:12-CR-198-1 Before DAVIS, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Aniceto Beltran Vargas raises an argument that he concedes is foreclosed by United States v. Rhine, 583 F.3d 878, 891 & n.50 (5th Cir. 2009), which held that a sentencing judge may find by a preponderance of the evidence all the facts necessary to the determination of a sentencing guidelines range. See also United States v. Stevens, 487 F.3d 232, 246 (5th Cir. 2007); United States v. Johnson, 445 F.3d 793, 798 (5th Cir. 2006). The Government s motion for summary affirmance is GRANTED, the * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-10260 Document: 00512473222 Page: 2 Date Filed: 12/17/2013 No. 13-10260 Government s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2