*451Appealing the judgment in a criminal case, Jose Luis Rea-Beltran presents arguments that he concedes are foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 562-63 (5th Cir.2008), which held that the disparity in sentences that occurs because some defendants can participate in a fast-track program while others cannot is not “unwarranted” within the meaning of 18 U.S.C. § 3553(a)(6). The Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.
462 F. App'x 450
UNITED STATES of America, Plaintiff-Appellee v. Jose Luis REA-BELTRAN, Defendant-Appellant.
No. 11-50640.
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Feb. 17, 2012.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
M. Carolyn Fuentes, Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
Before HIGGINBOTHAM, GARZA, and SOUTHWICK, Circuit Judges.
United States v. Rea-Beltran
462 F. App'x 450
Case Details
462 F. App'x 450
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