USA v. Hector Martinez-Carrillo, No. 20-50379 (5th Cir. 2020)
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Case: 20-50377 Document: 00515564913 Page: 1 Date Filed: 09/15/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 20-50377 Summary Calendar September 15, 2020 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Hector Miguel Martinez-Carrillo, also known as Hector Migue Martinez-Carrillo, also known as Hector Miguel Martinez-C, also known as Hector Miguel CarrilloMartinez, Defendant—Appellant, consolidated with _____________ No. 20-50379 Summary Calendar _____________ United States of America, Plaintiff—Appellee, versus Hector Miguel Martinez-Carrillo, Defendant—Appellant. Case: 20-50377 Document: 00515564913 Page: 2 Date Filed: 09/15/2020 No. 20-50377 c/w No. 20-50379 Appeals from the United States District Court for the Western District of Texas USDC No. 4:19-CR-900-1 USDC No. 4:20-CR-73-1 Before Davis, Stewart, and Dennis, Circuit Judges. Per Curiam:* Hector Miguel Martinez-Carrillo appeals his sentence of 16 months and three years of supervised release, which the district court imposed following his guilty plea conviction for illegal reentry, in violation of 8 U.S.C. § 1326. He also appeals from the judgment revoking his supervised release. He argues that the enhancement of his sentence based on his prior conviction pursuant to § 1326(b)(1), which increased the statutory maximum terms of imprisonment and supervised release, is unconstitutional because his prior conviction is treated as a sentencing factor rather than an element of the offense that must be alleged in the indictment and found by a jury beyond a reasonable doubt. He concedes that the issue is foreclosed by AlmendarezTorres v. United States, 523 U.S. 224 (1998), but he seeks to preserve the issue for further review. The Government moves for summary affirmance, asserting that Martinez-Carrillo’s argument is foreclosed. The parties are correct that Martinez-Carrillo’s assertion is foreclosed by Almendarez-Torres. See United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. Rojas-Luna, 522 F.3d 502, 505-06 (5th Cir. 2008). Further, Martinez-Carrillo has abandoned a challenge to the revocation of his supervised release by failing to brief an argument as to the revocation. See * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2 Case: 20-50377 Document: 00515564913 Page: 3 Date Filed: 09/15/2020 No. 20-50377 c/w No. 20-50379 United States v. Reagan, 596 F.3d 251, 254-55 (5th Cir. 2010). Accordingly, summary affirmance is GRANTED, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgments of the district court are AFFIRMED. 3
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