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UNITED STATES OF AMERICA, Plaintiff-Appellee v. CARLOS TREJO-DOMINGUEZ, also known as Carlos Dominguez Trejo, also known as Carlos Hernandez-Herrera, Defendant-Appellant
Appealing the judgment in a criminal case, Carlos Trejo-Dominguez raises an argument that is now foreclosed by United States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), petition for cert. filed (Sept. 29, 2016) (No. 16-6259). Trejo also contends that the district court erred by entering judgment reflecting a conviction under 8 U.S.C. § 1326(b)(2), but the judgment actually reflects the appropriate conviction under § 1326(b)(1). Accordingly, the government's unopposed motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. The government's alternative motion for an extension of time to file a brief is DENIED as moot.
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Docket No: No. 15-20724
Decided: December 15, 2016
Court: United States Court of Appeals, Fifth Circuit.
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