United States v. Maria Chavez-Flores ( 2019 )

Case: 19-50192 Document: 00515236017 Page: 1 Date Filed: 12/13/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 19-50192 December 13, 2019
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellant
v.
MARIA FRANCISCA CHAVEZ-FLORES,
Defendant-Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:18-CR-3229-1
Before SMITH, DENNIS, and DUNCAN, Circuit Judges.
PER CURIAM: *
Appealing the district court’s dismissal of an indictment charging an
offense under 8 U.S.C. § 1326, the Government moves for summary
disposition, arguing that the dismissal was erroneous in light of our recent
decision in United States v. Pedroza-Rocha, 933 F.3d 490 (5th Cir. 2019),
petition for cert. filed (U.S. Nov. 6, 2019) (No. 19-6588). Maria Francisca
Chavez-Flores, the defendant, has not filed a response in opposition. As the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 19-50192 Document: 00515236017 Page: 2 Date Filed: 12/13/2019
No. 19-50192
Government argues, this case is indistinguishable from Pedroza-Rocha, where
we reversed the district court’s dismissal of an indictment charging the
defendant with a violation of § 1326.
Accordingly, the Government’s motion for summary disposition is
GRANTED, the Government’s alternative motion for an extension of time to
file a brief is DENIED, the district court’s order dismissing the indictment is
REVERSED, and the matter is REMANDED for further proceedings.
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