United States v. Arturo Angel-De Leon ( 2020 )

Case: 20-50249 Document: 00515520860 Page: 1 Date Filed: 08/10/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 10, 2020
No. 20-50249 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Arturo Coronado Angel-De Leon,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:19-CR-961-1
Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Arturo Coronado Angel-De Leon was convicted of illegal reentry, in
violation of 8 U.S.C. § 1326, and sentenced above the advisory guidelines
range to 24 months of imprisonment and a three-year term of supervised
*
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not be published and is not precedent except under the limited circumstances set forth in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: 20-50249 Document: 00515520860 Page: 2 Date Filed: 08/10/2020
No. 20-50249
release. The Government moves for summary affirmance or, alternatively,
for an extension of time to file its brief.
The sole issue raised on appeal is whether it violates the Constitution
to apply the enhanced sentencing range in § 1326(b) based on a prior
conviction that was not alleged in the indictment or found by a jury beyond a
reasonable doubt. Angel De-Leon concedes that the claim is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998), however, and raises
it only to preserve the issue for further review.
Accordingly, the motion for summary affirmance is GRANTED, and
the Government’s alternative motion for an extension of time is DENIED.
The judgment of the district court is AFFIRMED.
2