Opinion
No. 14-50526
02-24-2015
UNITED STATES OF AMERICA, Plaintiff-Appellee v. CESAR GARCIA-HERNANDEZ, also known as Cesar Garcia, also known as Empedorles Vega, also known as Cesar Garcia-Sutuy, also known as Cesar Evaristo Garcia-Sutuy, Defendant-Appellant
Conference Calendar Appeal from the United States District Court for the Western District of Texas
USDC No. 1:14-CR-56-1
Before DAVIS, ELROD, and COSTA, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Appealing the judgment in a criminal case, Cesar Garcia-Hernandez presents an argument that he concedes 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 motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.