USA v. Vaquera-Sanchez, No. 21-50528 (5th Cir. 2021)
Annotate this Case
Download PDF
Case: 21-50528 Document: 00516145090 Page: 1 Date Filed: 12/27/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 21-50528 consolidated with No. 21-50560 Summary Calendar FILED December 27, 2021 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Carmen Vaquera-Sanchez, Defendant—Appellant. Appeals from the United States District Court for the Western District of Texas USDC No. 4:21-CR-52-1 USDC No. 4:21-CR-56-1 Case: 21-50528 Document: 00516145090 Page: 2 Date Filed: 12/27/2021 No. 21-50528 c/w No. 21-50560 Before King, Costa, and Ho, Circuit Judges. Per Curiam:* Jose Carmen Vaquera-Sanchez appeals his conviction for illegal reentry after deportation and his within-guidelines sentence of 16 months of imprisonment and three years of supervised release.1 He argues for the first time on appeal that 8 U.S.C. § 1326(b) is unconstitutional because it allows a sentence above the otherwise applicable statutory maximum based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. He concedes that this issue is foreclosed by AlmendarezTorres v. United States, 523 U.S. 224 (1998), but he seeks to preserve it for possible Supreme Court review. Agreeing that the issue is foreclosed, the Government has filed a motion for summary affirmance and, in the alternative, a motion for an extension of time to file a brief. The parties are correct that Vaquera-Sanchez’s argument is foreclosed. See United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014). Accordingly, the Government’s motion for 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 as unnecessary, and the judgments are AFFIRMED. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 1 Vaquera-Sanchez also appeals from the district court’s revocation of his term of supervised release for a prior conviction. He was sentenced to 10 months of imprisonment, to run consecutively to the sentence imposed in his illegal reentry case. Although the appeals were consolidated, Vaquera-Sanchez has failed to brief and therefore abandoned any challenge to the revocation judgment. See United States v. Still, 102 F.3d 118, 122 n.7 (5th Cir. 1996). 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
