United States v. Marco Perez-Sanchez

Case: 20-50219 Document: 00515552060 Page: 1 Date Filed: 09/03/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 20-50219 September 3, 2020
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Marco Antonio Perez-Sanchez,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:19-CR-655-1
Before Southwick, Duncan, and Oldham Circuit Judges.
Per Curiam:*
Appealing the judgment in a criminal case, Marco Antonio Perez-
Sanchez challenges his below-guidelines sentence of 45 months of
imprisonment and three years of supervised release for illegal reentry. He
asserts that the enhancement of his sentence pursuant to 8 U.S.C.
*
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opinion should not be published and is not precedent except under the limited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: 20-50219 Document: 00515552060 Page: 2 Date Filed: 09/03/2020
No. 20-50219
§ 1326(b)(1) is unconstitutional because the enhancement is based on facts
neither alleged in his indictment nor proven to a jury beyond a reasonable
doubt.
As Perez-Sanchez concedes, this issue is foreclosed by Almendarez-
Torres v. United States, 523 U.S. 224, 239-47 (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, and the judgment of the district court is
AFFIRMED.
2