Case: 15-10995 Document: 00513721882 Page: 1 Date Filed: 10/18/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 15-10995
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 18, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CESAR ADAN VELASQUEZ-MORALES, also known as Cesar Adam
Velasquez, also known as Cesar Velasquez,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-50-1
Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Cesar Adan Velasquez-
Morales 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 GRANTED,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-10995 Document: 00513721882 Page: 2 Date Filed: 10/18/2016
No. 15-10995
the alternative motion for an extension of time to file a brief is DENIED, and
the judgment of the district court is AFFIRMED.
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