USA v. Alejandro Galindo-Soto

Filing

UNPUBLISHED OPINION FILED. [16-10391 Affirmed ] Judge: JLD , Judge: ECP , Judge: PRO Mandate pull date is 01/10/2017 for Appellant Alejandro Galindo-Soto; granting motion for summary affirmance filed by Appellee USA [8298934-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8298934-3] [16-10391]

Case: 16-10391

Document: 00513804347

Page: 1

Date Filed: 12/20/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10391
Conference Calendar

United States Court of Appeals
Fifth Circuit

FILED
December 20, 2016

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
ALEJANDRO GALINDO-SOTO,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-329-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Alejandro Galindo-Soto
raises an argument that is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224 (1998), which held that convictions used to enhance a sentence
under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment.
Accordingly, the motion for summary affirmance is GRANTED, the alternative

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10391

Document: 00513804347

Page: 2

Date Filed: 12/20/2016

No. 16-10391
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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