Case: 16-10812 Document: 00513804375 Page: 1 Date Filed: 12/20/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-10812
Conference Calendar
United States Court of Appeals
Fifth Circuit
FILED
December 20, 2016
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CARLOS SANCHEZ-SANTILLAN,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:15-CR-309-1
Before DENNIS, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
Appealing the judgment in a criminal case, Carlos Sanchez-Santillan
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) need not be set forth in the indictment. Accordingly,
the motion for summary affirmance is GRANTED, the alternative motion for
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-10812 Document: 00513804375 Page: 2 Date Filed: 12/20/2016
No. 16-10812
an extension of time to file a brief is DENIED, and the judgment of the district
court is AFFIRMED.
2