Case: 16-10100 Document: 00513804297 Page: 1 Date Filed: 12/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10100
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 20, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CAYETANO SANDOVAL,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-133-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Cayetano Sandoval raises an
argument that is foreclosed by Almendarez-Torres v. United States, 523 U.S.
224 (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, the alternative motion for an
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10100 Document: 00513804297 Page: 2 Date Filed: 12/20/2016
No. 16-10100
extension of time to file a brief is DENIED, and the judgment of the district
court is AFFIRMED.
2