UNITED STATES OF AMERICA v. JUAN MANUEL RUIZ DEL VALLE (2016)

United States Court of Appeals, Fifth Circuit.

UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN MANUEL RUIZ-DEL VALLE, Defendant-Appellant

No. 15-11024

Decided: June 21, 2016

Before JONES, CLEMENT, and OWEN, Circuit Judges.

Appealing the judgment in a criminal case, Juan Manuel Ruiz-Del Valle raises an argument that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 228, 235 (1998), which held that convictions used to enhance a sentence under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.

PER CURIAM:*

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