Case: 17-50198 Document: 00514292346 Page: 1 Date Filed: 01/03/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-50198
Fifth Circuit
FILED
Summary Calendar January 3, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
QUIRINO PEREZ-MARTINEZ,
Defendant−Appellant.
Appeal from the United States District Court
for the Western District of Texas
No. 2:16-CR-305-1
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Quirino Perez-Martinez appeals the sentence for his conviction of illegal
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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: 17-50198 Document: 00514292346 Page: 2 Date Filed: 01/03/2018
No. 17-50198
reentry. See 8 U.S.C. § 1326(a), (b). He maintains that the sentence violates
due process because it was enhanced based on a conviction not alleged in the
indictment, but he correctly concedes that his position is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224, 226−27, 235, 247 (1998).
Accordingly, the government’s motion for summary affirmance is GRANTED,
its alternative motion for an extension of time to file its brief is DENIED, and
the judgment is AFFIRMED.
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