Filed: Apr. 21, 2015
Latest Update: Mar. 02, 2020
Summary: Case: 14-50837 Document: 00513013197 Page: 1 Date Filed: 04/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-50837 FILED Conference Calendar April 21, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ARMANDO LEYVA-MUNOZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:14-CR-334-1 Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM:
Summary: Case: 14-50837 Document: 00513013197 Page: 1 Date Filed: 04/21/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-50837 FILED Conference Calendar April 21, 2015 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ARMANDO LEYVA-MUNOZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:14-CR-334-1 Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: ..
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Case: 14-50837 Document: 00513013197 Page: 1 Date Filed: 04/21/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 14-50837 FILED
Conference Calendar April 21, 2015
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ARMANDO LEYVA-MUNOZ,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:14-CR-334-1
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Armando Leyva-Munoz
raises an argument that he concedes is foreclosed by Almendarez-Torres v.
United States, 523 U.S. 224, 228, 231-35 (1998), in which the Supreme Court
determined that convictions used to enhance a sentence under 8 U.S.C.
§ 1326(b) need not be set forth in the indictment. Accordingly, the
Government’s motion for summary affirmance is GRANTED, its alternative
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-50837 Document: 00513013197 Page: 2 Date Filed: 04/21/2015
No. 14-50837
motion for an extension of time to file a brief is DENIED, and the judgment of
the district court is AFFIRMED.
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