United States v. Rueles-Hernandez ( 2001 )


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  •               IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-50641
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ANTONIO GARCIA-HERNANDEZ, also known as
    Antonio Hernandez, also known as Juan
    Antonio Garcia, also known as Pedro
    Hernandez-Garcia,
    Defendant-Appellant;
    ____________________
    Consolidated with
    No. 00-50682
    _____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    DANIEL SANCHEZ-CONTRERAS, also known
    as Daniel Sanchez,
    Defendant- Appellant;
    ____________________
    Consolidated with
    No. 00-50692
    _____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    No. 00-50641
    c/w Nos. 00-50682 & 00-50692 &
    00-50825 & 00-50826
    - 2 -
    CARLOS REYNA-SANTANA, also known as
    Mario Salinas-Cardenas, also known
    as Felix Rivas,
    Defendant-Appellant;
    ____________________
    Consolidated with
    No. 00-50825
    _____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JUAN GABRIEL SEGOVIA-GALAN, also known
    as Roger Gallegos,
    Defendant-Appellant;
    ____________________
    Consolidated with
    No. 00-50826
    _____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JOSE HOMERO RUELES-HERNANDEZ,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeals from the United States District Court
    for the Western District of Texas
    - - - - - - - - - -
    February 15, 2001
    Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
    PER CURIAM:*
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined
    that this opinion should not be published and is not precedent
    No. 00-50641
    c/w Nos. 00-50682 & 00-50692 &
    00-50825 & 00-50826
    - 3 -
    Antonio Garcia-Hernandez, Daniel Sanchez-Contreras, Carlos
    Reyna-Santana, Juan Gabriel Segovia-Galan, and Jose Homero
    Rueles-Hernandez (collectively the Defendants) appeal their
    sentences following their guilty plea convictions for illegal re-
    entry after deportation in violation of 8 U.S.C. § 1326.     The
    Defendants argue that their sentences should not have exceeded
    the two-year maximum sentence under 8 U.S.C. § 1326(a).    The
    Defendants acknowledge that their argument is foreclosed by
    Almendarez-Torres v. United States, 
    523 U.S. 224
    (1998), but they
    seek to preserve the issue for Supreme Court review in light of
    Apprendi v. New Jersey, 
    530 U.S. 466
    (2000).
    The Defendants’ argument is foreclosed by 
    Almendarez-Torres, 523 U.S. at 235
    .
    The Government has moved for a summary affirmance in lieu of
    filing an appellee’s brief.   In its motion, the Government asks
    that the judgments of the district court be affirmed and that an
    appellee’s brief not be required.   The motion is granted.
    AFFIRMED; MOTION GRANTED.
    except under the limited circumstances set forth in 5TH CIR.
    R. 47.5.4.
    

Document Info

Docket Number: 00-50826

Filed Date: 2/16/2001

Precedential Status: Non-Precedential

Modified Date: 4/18/2021