USA v. Hector Flores-Garza, No. 15-10886 (5th Cir. 2016)

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Case: 15-10886 Document: 00513555811 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10886 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. HECTOR ALEJANDRO FLORES-GARZA, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-109-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Hector Alejandro FloresGarza 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. ยง 1326(b)(2) need not be set forth in the indictment. Accordingly, the motion for summary affirmance is GRANTED, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10886 Document: 00513555811 Page: 2 Date Filed: 06/21/2016 No. 15-10886 the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2