Defendant-Appellant Domingio Tax-Garcia was convicted of one charge of illegal reentry into the United States, and the district court imposed a within-guidelines sentence of 60 months in prison and a three-year term of supervised release. Tax-Garcia contends on appeal that the district court erred by refusing to award him a third point for acceptance of responsibility under United States Sentencing Guidelines § 3E 1.1(b) after the government refused to move for the reduction because he would not waive his right of appeal. This argument is foreclosed by United States v. Newson, 515 F.3d 374, 376-79 (5th Cir. 2008).

AFFIRMED.