Case: 15-10324 Document: 00513307389 Page: 1 Date Filed: 12/15/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10324
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 15, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JOSE LUIS PEREZ-AYALA,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:14-CR-124-1
Before JONES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Jose Luis Perez-Ayala raises
an argument that is foreclosed by United States v. Tuma, 738 F.3d 681 (5th
Cir. 2013), cert. denied, 134 S. Ct. 2875 (2014). In Tuma, we held that Alleyne
v. United States, 133 S. Ct. 2151 (2013) applies “only to facts that increase a
statutory mandatory minimum sentence” and rejected the argument that
Alleyne requires that any fact that increases a defendant’s minimum sentence,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10324 Document: 00513307389 Page: 2 Date Filed: 12/15/2015
No. 15-10324
including facts that raise the guidelines range, be found by a jury beyond a
reasonable doubt. Tuma, 738 F.3d at 693. The motion for summary affirmance
is GRANTED, the alternative request for an extension of time is DENIED, and
the judgment of the district court is AFFIRMED.
2