United States v. Garcia-Hernandez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-50641 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO GARCIA-HERNANDEZ, also known as Antonio Hernandez, also known as Juan Antonio Garcia, also known as Pedro Hernandez-Garcia, Defendant-Appellant; ____________________ Consolidated with No. 00-50682 _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DANIEL SANCHEZ-CONTRERAS, also known as Daniel Sanchez, Defendant- Appellant; ____________________ Consolidated with No. 00-50692 _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus No. 00-50641 c/w Nos. 00-50682 & 00-50692 & 00-50825 & 00-50826 - 2 - CARLOS REYNA-SANTANA, also known as Mario Salinas-Cardenas, also known as Felix Rivas, Defendant-Appellant; ____________________ Consolidated with No. 00-50825 _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JUAN GABRIEL SEGOVIA-GALAN, also known as Roger Gallegos, Defendant-Appellant; ____________________ Consolidated with No. 00-50826 _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE HOMERO RUELES-HERNANDEZ, Defendant-Appellant. - - - - - - - - - - Appeals from the United States District Court for the Western District of Texas - - - - - - - - - - February 15, 2001 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent No. 00-50641 c/w Nos. 00-50682 & 00-50692 & 00-50825 & 00-50826 - 3 - Antonio Garcia-Hernandez, Daniel Sanchez-Contreras, Carlos Reyna-Santana, Juan Gabriel Segovia-Galan, and Jose Homero Rueles-Hernandez (collectively the Defendants) appeal their sentences following their guilty plea convictions for illegal re- entry after deportation in violation of 8 U.S.C. § 1326. The Defendants argue that their sentences should not have exceeded the two-year maximum sentence under 8 U.S.C. § 1326(a). The Defendants acknowledge that their argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but they seek to preserve the issue for Supreme Court review in light of Apprendi v. New Jersey, 530 U.S. 466 (2000). The Defendants’ argument is foreclosed by Almendarez-Torres, 523 U.S. at 235. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that the judgments of the district court be affirmed and that an appellee’s brief not be required. The motion is granted. AFFIRMED; MOTION GRANTED. except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.