Case: 17-50727 Document: 00514519166 Page: 1 Date Filed: 06/19/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-50727
Fifth Circuit
FILED
Summary Calendar June 19, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
JUAN CARLOS MARTINEZ-BARRIENTOS,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:17-CR-93-1
Before DAVIS, COSTA and ENGELHARDT, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Juan Carlos Martinez-
Barrientos raises an as-applied constitutional challenge to 8 U.S.C. § 1326(b)
that is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998).
The Supreme Court held in Almendarez-Torres that the fact of a prior
conviction that increases a defendant’s statutory sentencing exposure is a
sentencing factor, rather than an element of the offense that requires a finding
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-50727 Document: 00514519166 Page: 2 Date Filed: 06/19/2018
No. 17-50727
by a jury beyond a reasonable doubt. 523 U.S. at 235, 239. Accordingly, the
Government’s motion for summary affirmance is GRANTED, and the
judgment of the district court is AFFIRMED. The Government’s alternative
motion for an extension of time to file an appellee’s brief is DENIED as moot.
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