USA v. Carlos Trejo-Dominguez


UNPUBLISHED OPINION FILED. [15-20724 Affirmed] Judge: CDK, Judge: JLD, Judge: GJC. Mandate pull date is 01/05/2017 for Appellant Carlos Trejo-Dominguez; granting motion for summary affirmance filed by Appellee USA [8304836-2]; denying as moot motion to extend time to file appellee's brief filed by Appellee USA [8304836-3] [15-20724]

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Case: 15-20724 Document: 00513798330 Page: 1 Date Filed: 12/15/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-20724 Summary Calendar United States Court of Appeals Fifth Circuit FILED December 15, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CARLOS TREJO-DOMINGUEZ, also known as Carlos Dominguez Trejo, also known as Carlos Hernandez-Herrera, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:15-CR-365-1 Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Carlos Trejo-Dominguez raises an argument that is now foreclosed by United States v. GonzalezLongoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). Trejo also contends that the district court erred by entering judgment reflecting a conviction under 8 U.S.C. § 1326(b)(2), but the 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-20724 Document: 00513798330 Page: 2 Date Filed: 12/15/2016 No. 15-20724 judgment actually reflects the appropriate conviction under § 1326(b)(1). Accordingly, the government’s unopposed motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The government’s alternative motion for an extension of time to file a brief is DENIED as moot. 2

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