USA v. Jesus Gonzalez-Urquiza

Filing 920100422

Case: 09-50571

Document: 00511086080

Page: 1

Date Filed: 04/20/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-50571 Conference Calendar April 20, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JESUS ENRIQUE GONZALEZ-URQUIZA, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:09-CR-585-1

Before SMITH, PRADO, and HAYNES, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Jesus Enrique GonzalezUrquiza raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 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. The Government's motion for summary affirmance is GRANTED, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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