USA v. Carlos Trejo-Dominguez

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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