U.S. v. GONZALEZ-URQUIZA, 375 Fed.Appx. 396 (5th Cir. 2010)

UNITED STATES of America, v. Plaintiff-Appellee v. Jesus Enrique GONZALEZ-URQUIZA, Defendant-Appellant.

No. 09-50571 Conference Calendar.United States Court of Appeals, Fifth Circuit.
April 20, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Joseph Dean Vasquez, El Paso, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 3:09-CR-585-1.

Before SMITH, PRADO, and HAYNES, Circuit Judges.

PER CURIAM:[*]

[*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

Appealing the judgment in a criminal case, Jesus Enrique Gonzalez-Urquiza raises arguments that are foreclosed b Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.