USA v. Darren Brown, No. 15-31036 (5th Cir. 2016)

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Case: 15-31036 Document: 00513639067 Page: 1 Date Filed: 08/16/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-31036 Conference Calendar United States Court of Appeals Fifth Circuit FILED August 16, 2016 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. DARREN D. BROWN, also known as Darren Dewayne Brown, Defendant-Appellant Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:09-CR-151-1 Before REAVLEY, ELROD, and GRAVES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Darren D. Brown 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. Brown’s pro se letter, raising ineffective assistance of trial counsel at sentencing and stating that he wishes to appeal the forfeiture of his property, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 15-31036 Document: 00513639067 Page: 2 Date Filed: 08/16/2016 No. 15-31036 is not considered because Brown has no right to hybrid representation. See United States v. Ogbonna, 184 F.3d 447, 449 & n.1 (5th Cir. 1999). Accordingly, the motion for summary affirmance is GRANTED, 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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