Case: 17-20739 Document: 00514641001 Page: 1 Date Filed: 09/13/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-20739 FILED
Summary Calendar September 13, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EDGAR GALICIA MORENO, also known as Rolando Sanchez Martinez, also
known as Jorge S. Lopez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:17-CR-214-1
Before JOLLY, COSTA, and HO, Circuit Judges.
PER CURIAM: *
Edgar Galicia Moreno appeals his conviction and 45-month sentence for
illegal reentry after deportation. He argues that the district court erred in
denying his motion to quash the indictment. Galicia Moreno challenges the
validity of the indictment, arguing that it did not specify the specific prior
aggravated felony conviction, and that therefore, he was not given sufficient
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-20739 Document: 00514641001 Page: 2 Date Filed: 09/13/2018
No. 17-20739
notice of the charges and could not plead double jeopardy in a future
prosecution alleging the same conviction as a sentencing enhancement.
The Government has filed an opposed motion for summary affirmance,
asserting that Almendarez-Torres v. United States, 523 U.S. 224 (1998),
forecloses Galicia Moreno’s argument. The Government is correct that his
argument is foreclosed by Almendarez-Torres; thus, summary affirmance is
appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th
Cir. 1969).
Accordingly, the Government’s motion for summary affirmance is
GRANTED. The judgment is AFFIRMED. The Government’s alternative
motion for an extension of time to file a brief is DENIED as moot.
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