United States v. Juan Serrato-Yanez

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 21, 2017
• Docket: 16-10376
• Status: Unpublished

Opinion

Case: 16-10376 Document: 00513882505 Page: 1 Date Filed: 02/21/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16-10376 Conference Calendar United States Court of Appeals Fifth Circuit

FILED February 21, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v.

JUAN CARLOS SERRATO-YANEZ, also known as Juan Carlos Gonzales- Serrato,

Defendant-Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-227-1

Before JOLLY, PRADO, and SOUTHWICK, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Juan Carlos Serrato-Yanez raises an argument that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 228, 235 (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. Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time to file a brief is DENIED, and the judgment of the district court is AFFIRMED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.