United States v. Francisco Reyna-Vasquez ( 2017 )


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  •      Case: 16-10854      Document: 00513882602         Page: 1    Date Filed: 02/21/2017
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 16-10854
    Conference Calendar
    United States Court of Appeals
    Fifth Circuit
    FILED
    February 21, 2017
    UNITED STATES OF AMERICA,
    Lyle W. Cayce
    Clerk
    Plaintiff-Appellee
    v.
    FRANCISCO REYNA-VASQUEZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 3:15-CR-360-1
    Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
    PER CURIAM: *
    Appealing the judgment in a criminal case, Francisco Reyna-Vasquez
    raises an argument that is foreclosed by Almendarez-Torres v. United States,
    
    523 U.S. 224
    , 228, 235 (1998), which held that convictions used to enhance a
    sentence under 
    8 U.S.C. § 1326
    (b)(2) need not be set forth in the indictment.
    Accordingly, the motion for summary affirmance is GRANTED, the 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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.
    

Document Info

Docket Number: 16-10854

Filed Date: 2/21/2017

Precedential Status: Non-Precedential

Modified Date: 4/18/2021