United States v. Ignacio Martinez-Ventura

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 17, 2020
• Docket: 19-50849
• Status: Unpublished

Opinion

Case: 19-50849 Document: 00515386000 Page: 1 Date Filed: 04/17/2020

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 19-50849 FILED Summary Calendar April 17, 2020 Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

IGNACIO MARTINEZ-VENTURA,

Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 4:19-CR-304-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges. PER CURIAM: * Ignacio Martinez-Ventura appeals the 21-month sentence imposed following his guilty plea conviction for illegal reentry after deportation. He argues that his sentence was imposed under an unconstitutional statute, 8 U.S.C. § 1326(b). He correctly concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but raises the issue to preserve for further possible review. See United States v. Wallace, 759 F.3d

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 19-50849 Document: 00515386000 Page: 2 Date Filed: 04/17/2020

No. 19-50849

486, 497 (5th Cir. 2014); United States v. Pineda-Arrellano, 492 F.3d 624, 625- 26 (5th Cir. 2007). The Government has filed an unopposed motion for summary affirmance and, alternatively, seeks an extension of time to file its brief. Because the issue is foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.