USA v. Victor Collazo-Gonzalez, No. 18-50755 (5th Cir. 2019)

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Case: 18-50755 Document: 00514924311 Page: 1 Date Filed: 04/22/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50755 Summary Calendar FILED April 22, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. VICTOR MANUEL COLLAZO-GONZALEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:18-CR-152-1 Before DENNIS, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: * Victor Manuel Collazo-Gonzalez appeals his 46-month, within- guidelines sentence for illegal reentry following deportation. Because CollazoGonzalez’s prior removal from the United States followed felony convictions for possession of methamphetamine and marijuana, his maximum term of imprisonment was increased from two to 10 years. See 8 U.S.C. § 1326(a), (b)(1). He contends that because the indictment did not allege the prior felony 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-50755 Document: 00514924311 Page: 2 Date Filed: 04/22/2019 No. 18-50755 convictions, his sentence is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 (2000), and Alleyne v. United States, 570 U.S. 99 (2013). CollazoGonzalez concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 239 (1998), and he raises it to preserve the issue for possible Supreme Court review. The Government has moved for summary affirmance or, alternatively, for an extension of time to file a brief. Because the sole issue presented is foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the motion for summary affirmance is GRANTED. The Government’s alternative motion for an extension of time to file a brief is DENIED. The judgment is AFFIRMED. 2

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