USA v. Francisco Reyna-Vasquez

Filing

UNPUBLISHED OPINION FILED. [16-10854 Affirmed ] Judge: EGJ , Judge: ECP , Judge: LHS Mandate pull date is 03/14/2017 for Appellant Francisco Reyna-Vasquez; granting motion for summary affirmance filed by Appellee USA [8348734-2]; denying motion to extend time to file appellee's brief filed by Appellee USA [8348734-3] [16-10854]

Download PDF
Case: 16-10854 Document: 00513882602 Page: 1 Date Filed: 02/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-10854 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 21, 2017 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. FRANCISCO REYNA-VASQUEZ, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-360-1 Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Francisco Reyna-Vasquez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. *

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?