USA v. Bonifacio Gorostieta-Casas, No. 15-11277 (5th Cir. 2016)

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Case: 15-11277 Document: 00513557078 Page: 1 Date Filed: 06/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-11277 Conference Calendar United States Court of Appeals Fifth Circuit FILED June 21, 2016 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. BONIFACIO GOROSTIETA-CASAS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-267-1 Before JONES, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Bonifacio Gorostieta-Casas 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, the alternative 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-11277 Document: 00513557078 Page: 2 Date Filed: 06/21/2016 No. 15-11277 motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED. 2