USA v. Sergio Torres-Torres, No. 13-40174 (5th Cir. 2013)

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The court issued a subsequent related opinion or order on June 10, 2014.

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Case: 13-40174 Document: 00512347394 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. 13-40174 Conference Calendar August 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. SERGIO TORRES-TORRES, also known as Sergio Torres, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:12-CR-602-1 Before HIGGINBOTHAM, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Sergio Torres-Torres 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.