Conference Calendar UNITED STATES OF AMERICA v. Jose Roberto Lopez

* 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opinion should not be published and is not precedent except under the limited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. 08-10437
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE ROBERTO LOPEZ
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:07-CR-65-ALL
Before DAVIS, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Roberto Lopez presents
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), and by United States v. Rodriguez, 523 F.3d 519,
526-27 (5th Cir.), petition for cert. filed (June 30, 2008) (No. 08-5101) which held
that the lack of a fast-track program does not result in a violation of equal
United States Court of Appeals
Fifth Circuit
F I L E D
November 5, 2008
Charles R. Fulbruge III
Clerk

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No. 08-10437
protection rights. See also United States v. Lopez-Velasquez, 526 F.3d 804, 808
(5th Cir.), petition for cert. filed (July 25, 2008) (No. 08-5514). The appellant’s
motion for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.

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