
    UNITED STATES of America, Plaintiff-Appellee v. Fernando NAVA-BAUTISTA, Defendant-Appellant.
    No. 11-51200
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    June 19, 2012.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Henry Joseph Bemporad, Federal Public Defender, Judy Fulmer Madewell, Assistant Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendan1>-Appellant.
    Before DAVIS, STEWART, and PRADO, Circuit Judges.
   PER CURIAM:

Appealing the judgment in a criminal case, Fernando Nava-Bautista raises an argument that he concedes is foreclosed by United States v. Gomez-Herrera, 523 F.3d 554, 562-63 (5th Cir.2008), which rejected the argument that fast track programs create unwarranted disparities between defendants in districts that have the programs and defendants in districts that do not have such programs. The Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     