USA v. Juan Estrada-Zolorzano


UNPUBLISHED OPINION FILED.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]

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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