Opinion
No. 12-41202
08-20-2013
UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE ROBERTO RAMIREZ-MATA, Defendant-Appellant
Conference Calendar
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:12-CR-246-1
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Jose Roberto Ramirez-Mata raises an argument that he concedes is foreclosed by United States v. Newson, 515 F.3d 374, 377-78 (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. Accordingly, the appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.