Case: 17-50624 Document: 00514405408 Page: 1 Date Filed: 03/28/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-50624 FILED
Summary Calendar March 28, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALEJANDRO REZA-CARBAJAL,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:16-CR-1460-1
Before WIENER, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Alejandro Reza-Carbajal appeals the 27-month above-Guidelines
sentence and three-year term of supervised release imposed following his
guilty plea conviction for illegal reentry. He argues that his sentence is
unconstitutional because it exceeds the maximum sentence of 18 U.S.C.
§ 1326(a) charged in the indictment. He correctly concedes, however, that the
issue whether his eligibility for a sentencing enhancement under Section
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50624 Document: 00514405408 Page: 2 Date Filed: 03/28/2018
No. 17-50624
1326(b) must be alleged in the indictment and proved to a jury is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v.
Wallace, 759 F.3d 486, 497 (5th Cir. 2014). Thus, summary affirmance is
appropriate. Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir.
1969).
Accordingly, the Government’s motion for summary affirmance is
GRANTED, the Government’s 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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