UNITED STATES v. MARTINEZ BARRIENTOS (2018)

Appealing the judgment in a criminal case, Juan Carlos Martinez-Barrientos raises an as-applied constitutional challenge to 8 U.S.C. § 1326(b) that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). The Supreme Court held in Almendarez-Torres that the fact of a prior conviction that increases a defendant’s statutory sentencing exposure is a sentencing factor, rather than an element of the offense that requires a finding by a jury beyond a reasonable doubt. 523 U.S. at 235, 239, 118 S.Ct. 1219. Accordingly, the Government’s 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 an appellee’s brief is DENIED as moot.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.