United States v. Domingo Hernandez-Villeda

Case: 15-11241 Document: 00513557038 Page: 1 Date Filed: 06/21/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-11241
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 21, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DOMINGO HERNANDEZ-VILLEDA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:15-CR-21-1
Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Domingo Hernandez-Villeda
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.
Accordingly, the motion for summary affirmance is GRANTED, the alternative
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-11241 Document: 00513557038 Page: 2 Date Filed: 06/21/2016
No. 15-11241
motion for an extension of time to file a brief is DENIED, and the judgment of
the district court is AFFIRMED.
2