United Statesv.Torres-Torres

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUITAug 20, 2013
No. 13-40174 (5th Cir. Aug. 20, 2013)

No. 13-40174

08-20-2013

UNITED STATES OF AMERICA, Plaintiff-Appellee v. SERGIO TORRES-TORRES, also known as Sergio Torres, Defendant-Appellant


Conference Calendar


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:

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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. § 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.