USA v. Juan Serrato-Yanez
Filing
UNPUBLISHED OPINION FILED. [16-10376 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Juan Carlos Serrato-Yanez; granting motion for summary affirmance filed by Appellee USA [8306201-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8306201-3] [16-10376]
Case: 16-10376
Document: 00513882505
Page: 1
Date Filed: 02/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10376
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
February 21, 2017
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
Lyle W. Cayce
Clerk
JUAN CARLOS SERRATO-YANEZ, also known as Juan Carlos GonzalesSerrato,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-227-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Juan Carlos Serrato-Yanez
raises an argument that is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224, 228, 235 (1998), which held that convictions used to enhance a
sentence under 8 U.S.C. ยง 1326(b)(2) need not be set forth in the indictment.
Accordingly, the motion for summary affirmance is GRANTED, the alternative
motion for an extension of time to file a brief is DENIED, and the judgment of
the district court is AFFIRMED.
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*
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