USA v. Hector Rea-Ponce

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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

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