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

United States Court of Appeals for the Fifth Circuit2010-04-20No. No. 09-50571
375 F. App'x 396

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Opinion

majority opinion

PER CURIAM:

Appealing the judgment in a criminal case, Jesus Enrique Gonzalez-Urquiza raises arguments that are foreclosed by 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.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.