Filed: Jun. 21, 2016
Latest Update: Mar. 02, 2020
Summary: Case: 15-10886 Document: 00513555811 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10886 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. HECTOR ALEJANDRO FLORES-GARZA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-109-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER
Summary: Case: 15-10886 Document: 00513555811 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10886 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. HECTOR ALEJANDRO FLORES-GARZA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-109-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER ..
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Case: 15-10886 Document: 00513555811 Page: 1 Date Filed: 06/21/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10886
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 21, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
HECTOR ALEJANDRO FLORES-GARZA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-109-1
Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Hector Alejandro Flores-
Garza 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. ยง 1326(b)(2) need not be set forth in the
indictment. Accordingly, the motion for summary affirmance is GRANTED,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 15-10886 Document: 00513555811 Page: 2 Date Filed: 06/21/2016
No. 15-10886
the alternative motion for an extension of time to file a brief is DENIED, and
the judgment of the district court is AFFIRMED.
2
