Filed: Jul. 02, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-50738 Document: 00514536708 Page: 1 Date Filed: 07/02/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-50738 July 2, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. ELISEO GUEVARA-GUEVARA, Defendant–Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 2:16-CR-1106-1 Before JONES, OWEN, and HAYNES, Circuit Judges. PER CURIAM: *
Summary: Case: 17-50738 Document: 00514536708 Page: 1 Date Filed: 07/02/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-50738 July 2, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff–Appellee, v. ELISEO GUEVARA-GUEVARA, Defendant–Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 2:16-CR-1106-1 Before JONES, OWEN, and HAYNES, Circuit Judges. PER CURIAM: * ..
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Case: 17-50738 Document: 00514536708 Page: 1 Date Filed: 07/02/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 17-50738 July 2, 2018
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
v.
ELISEO GUEVARA-GUEVARA,
Defendant–Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:16-CR-1106-1
Before JONES, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Eliseo Guevara-Guevara pleaded guilty to illegal reentry into the United
States and was sentenced to 48 months of imprisonment and three years of
supervised release. On appeal, he argues that his indictment did not allege
that he had a prior conviction, and therefore, the district court’s sentence,
imposed under 8 U.S.C. § 1326(b) and in excess of the statutory maximum
sentence under § 1326(a), violated his due process rights.
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50738 Document: 00514536708 Page: 2 Date Filed: 07/02/2018
No. 17-50738
The Government has filed an unopposed motion for summary affirmance
in lieu of filing an appellate brief, or, alternatively an extension of time to file
a brief, because Guevara-Guevara’s argument is foreclosed by Almendarez-
Torres v. United States,
523 U.S. 224 (1998). As Guevara-Guevara concedes
that his argument is foreclosed and is raised only to preserve it for further
review, summary affirmance is appropriate. See Groendyke Transp., Inc.
v. Davis,
406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s
motion for summary affirmance is GRANTED. The Government’s alternative
motion for an extension of time to file its brief is DENIED as unnecessary. The
district court’s judgment is AFFIRMED.
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