USA v. Jose Perez-Ayala, No. 15-10324 (5th Cir. 2015)

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Case: 15-10324 Document: 00513307389 Page: 1 Date Filed: 12/15/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10324 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 15, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. JOSE LUIS PEREZ-AYALA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 5:14-CR-124-1 Before JONES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Jose Luis Perez-Ayala raises an argument that is foreclosed by United States v. Tuma, 738 F.3d 681 (5th Cir. 2013), cert. denied, 134 S. Ct. 2875 (2014). In Tuma, we held that Alleyne v. United States, 133 S. Ct. 2151 (2013) applies “only to facts that increase a statutory mandatory minimum sentence” and rejected the argument that Alleyne requires that any fact that increases a defendant’s minimum sentence, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10324 Document: 00513307389 Page: 2 Date Filed: 12/15/2015 No. 15-10324 including facts that raise the guidelines range, be found by a jury beyond a reasonable doubt. Tuma, 738 F.3d at 693. The motion for summary affirmance is GRANTED, the alternative request for an extension of time is DENIED, and the judgment of the district court is AFFIRMED. 2

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