USA v. Cesar Velasquez-Morales, No. 15-10995 (5th Cir. 2016)

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Case: 15-10995 Document: 00513721882 Page: 1 Date Filed: 10/18/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10995 Conference Calendar United States Court of Appeals Fifth Circuit FILED October 18, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. CESAR ADAN VELASQUEZ-MORALES, also known as Cesar Adam Velasquez, also known as Cesar Velasquez, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-50-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Cesar Adan VelasquezMorales 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. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-10995 Document: 00513721882 Page: 2 Date Filed: 10/18/2016 No. 15-10995 the 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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