Conference Calendar UNITED STATES OF AMERICA v. Miguel Angel Guzman

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 08-10204
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MIGUEL ANGEL GUZMAN
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:07-CR-152-ALL
Before JOLLY, BARKSDALE, and HAYNES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Miguel Angel Guzman
raises arguments that he concedes are foreclosed by United States v. Gomez-
Herrera, 523 F.3d 554, 557-64 (5th Cir.), petition for cert. filed (July 2, 2008) (No.
08-5226) which held that any disparity in sentencing between fast-track and
non-fast-track jurisdictions is a function of Congressional policy and is not
“unwarranted” under 18 U.S.C. § 3553(a)(6). He also raises arguments that are
foreclosed by United States v. Lopez-Velasquez, 526 F.3d 804, 808 (5th Cir.),
United States Court of Appeals
Fifth Circuit
F I L E D
October 8, 2008
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 08-10204
2
petition for cert. filed (July 25, 2008) (No. 08-5514) which held that the lack of
a fast-track program does not result in a violation of equal protection rights. The
Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.

-- 2 of 2 --