United States v. Darren Brown ( 2016 )

Case: 15-31036 Document: 00513639067 Page: 1 Date Filed: 08/16/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-31036
Fifth Circuit
FILED
Conference Calendar August 16, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
DARREN D. BROWN, also known as Darren Dewayne Brown,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:09-CR-151-1
Before REAVLEY, ELROD, and GRAVES, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Darren D. Brown 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.
Brown’s pro se letter, raising ineffective assistance of trial counsel at
sentencing and stating that he wishes to appeal the forfeiture of his property,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-31036 Document: 00513639067 Page: 2 Date Filed: 08/16/2016
No. 15-31036
is not considered because Brown has no right to hybrid representation. See
United States v. Ogbonna, 184 F.3d 447, 449 & n.1 (5th Cir. 1999).
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.
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