Conference Calendar UNITED STATES OF AMERICA v. Jose Luis Villarreal-Morales

* 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should not be published and is not precedent except under the limited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. 07-11108
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE LUIS VILLARREAL-MORALES
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:07-CR-29-ALL
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Jose Luis Villarreal-Morales appeals his guilty plea conviction and
sentence for illegal reentry following deportation in violation of 8 U.S.C. § 1326.
He contends that his 96-month sentence violated his equal protection rights
because he did not have the benefit of a fast-track program in the Northern
District of Texas and similarly situated defendants in jurisdictions with the
program could receive lower sentences based simply on arbitrary geographic
factors. Villarreal-Morales concedes that his argument is foreclosed by circuit
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2008
Charles R. Fulbruge III
Clerk

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No. 07-11108
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precedent, but he raises the argument to preserve it for further review. Based
on Villarreal-Morales’s concession, the Government moves for summary
affirmance or dismissal. In the alternative, the Government requests an
extension of time in which to file a brief on the merits.
Villarreal-Morales’s equal protection argument is foreclosed by circuit
precedent. See United States v. Lopez-Velasquez, 526 F.3d 804, 808 (5th Cir.),
petition for cert. filed (July 25, 2008) (No. 08-5514). Accordingly, the district
court’s judgment is AFFIRMED, the Government’s motion for summary
affirmance is GRANTED, and the Government’s motions for dismissal and an
extension of time are DENIED.

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