United States v. Luis Andrade-Salas ( 2020 )

Case: 20-10137 Document: 00515527517 Page: 1 Date Filed: 08/14/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-10137 August 14, 2020
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Luis Alberto Andrade-Salas,
Defendant—Appellant.
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:19-CR-150-1
Before Haynes, Willett, and Ho, Circuit Judges.
Per Curiam:*
Luis Alberto Andrade-Salas argues that his guilty plea was involuntary
because the district court failed to advise him at rearraignment that his prior
felony conviction was an essential element of his illegal reentry offense under
8 U.S.C. § 1326(b)(1). He also contends that his sentence under § 1326(b)(1)
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 20-10137 Document: 00515527517 Page: 2 Date Filed: 08/14/2020
No. 20-10137
is unconstitutional because it is based on facts neither alleged in his
indictment nor proven to a jury beyond a reasonable doubt.
As Andrade-Salas concedes, his arguments are foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v.
Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. Rojas-Luna, 522
F.3d 502, 505-06 (5th Cir. 2008). Thus, 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 AS MOOT, and the judgment of the district court
is AFFIRMED.
2