USA v. Jose Bartolo-Guerra, No. 15-50493 (5th Cir. 2016)

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Case: 15-50490 Document: 00513384642 Page: 1 Date Filed: 02/17/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-50490 c/w No. 15-50493 Conference Calendar United States Court of Appeals Fifth Circuit FILED February 17, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JOSE PABLO BARTOLO-GUERRA, Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 1:15-CR-20-1 USDC No. 1:15-CR-52-1 Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Appealing the judgments in criminal cases, Jose Pablo Bartolo-Guerra 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. The motion for summary affirmance is GRANTED, the alternative motion for 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-50490 Document: 00513384642 Page: 2 Date Filed: 02/17/2016 No. 15-50490 c/w No. 15-50493 an extension of time to file a brief is DENIED, and the judgments of the district court are AFFIRMED. 2

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