USA v. Juan Estrada-Zolorzano

Filing

UNPUBLISHED OPINION FILED. [14-50962 Affirmed ] Judge: WED , Judge: EHJ , Judge: SAH Mandate pull date is 07/07/2015 for Appellant Juan Estrada-Zolorzano; granting motion for summary affirmance filed by Appellee USA [7807584-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [7807584-3] [14-50962]

Case: 14-50962

Document: 00513080269

Page: 1

Date Filed: 06/16/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-50962
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 16, 2015

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JUAN ESTRADA-ZOLORZANO, also known as Keylor Estiven Aranjo-Perez,
also known as Estrada-Zolorzano, also known as Juan Carlos EstradaZolorzano, also known as Juan Carlo Sosa, also known as Juan Carlos Eric
Zolorzano, also known as Juan Carlos Eric Estrada, also known as Jose
Manacel, also known as Juan Carlos Eric Estrada-Zolorzano, also known as
Juan Carlos Eric Zolorzano-Estrada, also known as Bairon Estrada,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:14-CR-168-1
Before DAVIS, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Juan Estrada-Zolorzano
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
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-50962

Document: 00513080269

Page: 2

Date Filed: 06/16/2015

No. 14-50962
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.

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