USA v. Cesar Garcia-Hernandez, No. 14-50526 (5th Cir. 2015)

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Case: 14-50526 Document: 00512946636 Page: 1 Date Filed: 02/24/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-50526 Conference Calendar FILED February 24, 2015 Lyle W. Cayce Clerk 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 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: * 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-50526 Document: 00512946636 Page: 2 Date Filed: 02/24/2015 No. 14-50526 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. 2

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