United States v. Bartolo-Guerra
This text of 637 F. App'x 138 (United States v. Bartolo-Guerra) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appealing the judgments in criminal cases, Jose Pablo Bartolo-Guerra raises an argument that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 228, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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. The motion for summary af-firmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgments of' the district court are AFFIRMED.
Pursuant to 5th Cm. R, 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.
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Cite This Page — Counsel Stack
637 F. App'x 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bartolo-guerra-ca5-2016.