USA v. Jose Alvarez

Filing

UNPUBLISHED OPINION FILED. [12-20812 Affirmed ] Judge: EGJ , Judge: EHJ , Judge: SAH Mandate pull date is 11/15/2013 for Appellant Jose Anibar Martinez Alvarez; granting motion for summary affirmance filed by Appellee USA [7386510-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7386510-3] [12-20812]

Case: 12-20812

Document: 00512419222

Page: 1

Date Filed: 10/25/2013

IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
Fifth Circuit

FILED
No. 12-20812
Conference Calendar

October 25, 2013
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JOSE ANIBAR MARTINEZ ALVAREZ, also known as Jose Anibar Alvarez, also
known as Jose Anibar Martinez-Alvarez, also known as Jose Martinez Alvarez,
Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CR-720-1

Before JOLLY, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM:*
Jose Anibar Martinez Alvarez appeals a sentence imposed upon revocation
of a term of supervised release, arguing that his sentence violates principles of
double jeopardy because the revocation of his supervised release was based on
the identical conduct that supports a subsequent conviction and sentence for
illegal reentry. He concedes that his argument is foreclosed, but he raises the
issue to preserve it for further review. Martinez Alvarez’s concession is correct.

*

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-20812

Document: 00512419222

Page: 2

Date Filed: 10/25/2013

No. 12-20812
See Johnson v. United States, 529 U.S. 694, 700-01 (2000); United States v.
Jackson, 559 F.3d 368, 371 (5th Cir. 2009). 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.

2