USA v. Cody Sorrels, No. 18-10662 (5th Cir. 2019)

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Case: 18-10662 Document: 00514858600 Page: 1 Date Filed: 03/04/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-10662 Summary Calendar FILED March 4, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CODY SHANE SORRELS, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:17-CR-233-1 Before JOLLY, COSTA, and HO, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Cody Shane Sorrels raises a constitutional challenge to judicial factfinding at sentencing that is foreclosed by our decisions in United States v. Tuma, 738 F.3d 681 (5th Cir. 2013), and United States v. Bazemore, 839 F.3d 379 (5th Cir. 2016), as he concedes. Accordingly, the Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The Government’s 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-10662 Document: 00514858600 Page: 2 Date Filed: 03/04/2019 No. 18-10662 alternative motion for an extension of time to file an appellee’s brief is DENIED as moot. 2

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