United States v. Salazar-Ramirez ( 2023 )

Case: 23-10140 Document: 00516903186 Page: 1 Date Filed: 09/21/2023
United States Court of Appeals
for the Fifth Circuit
_____________
United States Court of Appeals
Fifth Circuit
No. 23-10140
consolidated with FILED
No. 23-10146 September 21, 2023
_____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Santiago Salazar-Ramirez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC Nos. 3:22-CR-230-1,
3:22-CR-117-1
______________________________
Before Elrod, Oldham, and Wilson, Circuit Judges.
Per Curiam: *
Santiago Salazar-Ramirez appeals his sentence for illegal reentry into
the United States after being removed, in violation of 8 U.S.C. § 1326(a),
(b)(1). He argues that because the indictment did not allege, and he did not
admit as part of his guilty plea, that he sustained a qualifying conviction prior
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-10140 Document: 00516903186 Page: 2 Date Filed: 09/21/2023
23-10140
c/w No. 23-10146
to his removal, the district court erred by imposing a term of supervised
release that exceeded one year. However, he concedes that this argument is
foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and
he raises this issue merely to preserve it for further review. The Government
has moved, without opposition, for summary affirmance, or in the
alternative, for an extension of time to file a brief on the merits.
Because summary affirmance is appropriate, see Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), 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, and the district
court’s judgment is AFFIRMED.
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