United States v. Guillermo Reyes-Garcia

Case: 20-50147 Document: 00515539458 Page: 1 Date Filed: 08/25/2020
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
August 25, 2020
No. 20-50147
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Guillermo Reyes-Garcia, also known as Guillermo Garcia-
Hernandez, also known as Guillermo Reyes-Gomera, also known
as Guillermo Reyes-Hernandez,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:19-CR-273-1
Before Davis, Stewart, and Dennis, Circuit Judges.
Per Curiam:*
Before the court is the Government’s motion for summary affirmance
of Guillermo Reyes-Garcia’s conviction under 8 U.S.C. § 1326(b)(1). The
*
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not be published and is not precedent except under the limited circumstances set forth in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: 20-50147 Document: 00515539458 Page: 2 Date Filed: 08/25/2020
No. 20-50147
sole issue raised by the appeal is whether it violates the Constitution to apply
§ 1326(b)(1)’s enhanced sentencing range based on a prior conviction that
was not alleged in the indictment or found by a jury beyond a reasonable
doubt. Reyes-Garcia correctly concedes that the claim is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224, 239-47 (1998), raising it
only to preserve the issue for further review. Accordingly, the motion for
summary affirmance is GRANTED, and the Government’s alternative
motion for an extension of time is DENIED. The judgment of the district
court is AFFIRMED.
2