USA v. Juan Martinez-Barrientos, No. 17-50727 (5th Cir. 2018)

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Case: 17-50727 Document: 00514519166 Page: 1 Date Filed: 06/19/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 17-50727 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 19, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN CARLOS MARTINEZ-BARRIENTOS, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:17-CR-93-1 Before DAVIS, COSTA and ENGELHARDT, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Juan Carlos MartinezBarrientos raises an as-applied constitutional challenge to 8 U.S.C. § 1326(b) that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Supreme Court held in Almendarez-Torres that the fact of a prior conviction that increases a defendant’s statutory sentencing exposure is a sentencing factor, rather than an element of the offense that requires a finding 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-50727 Document: 00514519166 Page: 2 Date Filed: 06/19/2018 No. 17-50727 by a jury beyond a reasonable doubt. 523 U.S. at 235, 239. Accordingly, the Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government’s alternative motion for an extension of time to file an appellee’s brief is DENIED as moot. 2

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