United States v. German Rodriguez-Calderon

Case: 15-50251 Document: 00513384573 Page: 1 Date Filed: 02/17/2016

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 15-50251
Conference Calendar
United States Court of Appeals
Fifth Circuit

FILED
February 17, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee

v.

GERMAN RODRIGUEZ-CALDERON,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:14-CR-944-1

Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, German Rodriguez-Calderon
raises an argument that is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224, 228, 235 (1998), which held that convictions used to enhance a
sentence under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment.
The motion for summary affirmance is GRANTED, the alternative motion for

* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-50251 Document: 00513384573 Page: 2 Date Filed: 02/17/2016

No. 15-50251

an extension of time to file a brief is DENIED, and the judgment of the district
court is AFFIRMED.

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