USA v. Hector Rea-Ponce


UNPUBLISHED OPINION FILED. [17-10016 Affirmed] Judge: PEH, Judge: EHJ, Judge: JES. Mandate issue date is 12/04/2017 for Appellant Hector Arturo Rea-Ponce; granting motion for summary affirmance filed by Appellee USA [8548970-2]; denying as unnecessary motion to extend time to file appellee's brief filed by Appellee USA [8548970-3] [17-10016]

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Case: 17-10016 Document: 00514233066 Page: 1 Date Filed: 11/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-10016 Summary Calendar United States Court of Appeals Fifth Circuit FILED November 10, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus HECTOR ARTURO REA-PONCE, Defendant−Appellant. Appeal from the United States District Court for the Northern District of Texas No. 3:16-CR-193-1 Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Hector Rea-Ponce raises an 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-10016 Document: 00514233066 Page: 2 Date Filed: 11/10/2017 No. 17-10016 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 government’s unopposed motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file its brief is DENIED as unnecessary, and the judgment is AFFIRMED. 2

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