UNITED STATES v. REYES GARCIA (2020)

Before the court is the Government's motion for summary affirmance of Guillermo Reyes-Garcia's conviction under 8 U.S.C. § 1326(b)(1). The sole issue raised by the appeal is whether it violates the Constitution to apply § 1326(b)(1)’s enhanced sentencing range based on a prior conviction that was not alleged in the indictment or found by a jury beyond a reasonable doubt. Reyes-Garcia correctly concedes that the claim is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 239-47, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), raising it only to preserve the issue for further review. Accordingly, the motion for summary affirmance is GRANTED, and the Government's alternative motion for an extension of time is DENIED. The judgment of the district court is AFFIRMED.

FOOTNOTES

FOOTNOTE.  

Per Curiam:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.