USA v. Gerardo Rodriguez-Trevino, No. 16-11655 (5th Cir. 2017)

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Case: 16-11655 Document: 00514033615 Page: 1 Date Filed: 06/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-11655 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 14, 2017 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. GERARDO RODRIGUEZ-TREVINO, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 3:15-CR-528-1 Before HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Gerardo Rodriguez-Trevino 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, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-11655 Document: 00514033615 Page: 2 Date Filed: 06/14/2017 No. 16-11655 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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