U.S. v. RODRIGUEZ-TREVINO

No. 16-11655, Summary Calendar.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GERARDO RODRIGUEZ-TREVINO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.


Attorney(s) appearing for the Case

Kevin Joel Page , for Defendant-Appellant.

James Wesley Hendrix , for Plaintiff-Appellee.

Gabriel Reyes , for Defendant-Appellant.

Before: HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges.


PER CURIAM.*

Appealing the judgment in a criminal case, Gerardo Rodriguez-Trevino 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.

FootNotes


* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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