USA v. Jose Arriaga-Leyva
UNPUBLISHED OPINION FILED. [10-51142 Affirmed ] Judge: FPB , Judge: JLD , Judge: LHS Mandate pull date is 11/14/2011 for Appellant Jose Daniel Arriaga-Leyva; granting motion for summary affirmance filed by Appellee USA [6871293-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [6871293-3] [10-51142]
Date Filed: 10/21/2011
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
October 21, 2011
Lyle W. Cayce
UNITED STATES OF AMERICA,
JOSE DANIEL ARRIAGA-LEYVA, also known as Jose Daniel Arriaga,
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:10-CR-540-1
Before BENAVIDES, DENNIS, and SOUTHWICK, Circuit Judges.
Appealing the judgment in a criminal case, Jose Daniel Arriaga-Leyva
presents an argument that he concedes 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 Government’s motion for summary affirmance is
GRANTED, its alternative motion for an extension of time to file a brief is
DENIED, 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
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