Case: 15-11023 Document: 00513556780 Page: 1 Date Filed: 06/21/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-11023
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 21, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
LUIS FELIPE DELACRUZ HERNANDEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:14-CR-464-1
Before JONES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Luis Felipe Delacruz
Hernandez 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. Accordingly, the motion for summary affirmance is
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-11023 Document: 00513556780 Page: 2 Date Filed: 06/21/2016
No. 15-11023
GRANTED, the alternative motion for an extension of time to file a brief is
DENIED, and the judgment of the district court is AFFIRMED.
2