United States v. Hughes

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-50889
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRENT HUGHES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-03-CR-52
--------------------
Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Brent Hughes appeals the sentence imposed following his
guilty plea conviction of sexual abuse of a minor in violation of
18 U.S.C. § 2243(a). Hughes argues that under the reasoning of
Apprendi v. New Jersey, 530 U.S. 466 (2000), a fact must be
alleged in the indictment before it may be used to increase the
maximum guideline sentence. Hughes acknowledges that his
contention is foreclosed by this court’s decision in United
*
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that this opinion should not be published and is not precedent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.
No. 03-50889
-2-
States v. Randle, 304 F.3d 373 (5th Cir. 2002), but he seeks to
preserve his argument for possible further review.
The Government has moved for a summary affirmance in lieu of
filing an appellee’s brief. In its motion, the Government asks
that an appellee’s brief not be required. The motion is GRANTED.
The judgment of the district court is AFFIRMED.
AFFIRMED; MOTION GRANTED.