USA v. Fernando Vierra-Garcia
UNPUBLISHED OPINION FILED. [16-10588 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Fernando Vierra-Garcia; granting motion for summary affirmance filed by Appellee USA [8332474-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8332474-3] [16-10588]
Date Filed: 02/21/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
February 21, 2017
UNITED STATES OF AMERICA,
Lyle W. Cayce
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:15-CR-109-1
Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Fernando Vierra-Garcia
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. § 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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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