U.S. Court of Appeals for the Fifth Circuit, 2019

United States v. Luis Ibarra-Morado

U.S. Court of Appeals for the Fifth Circuit · Decided April 18, 2019

Opinion

Case: 18-50741 Document: 00514921471 Page: 1 Date Filed: 04/18/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50741 FILED Summary Calendar April 18, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LUIS FRANCISCO IBARRA-MORADO, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 4:18-CR-289-1

Before HIGGINBOTHAM, ELROD, and DUNCAN, Circuit Judges.

PER CURIAM: * Luis Francisco Ibarra-Morado argues that his 36-month, within- guidelines sentence for illegal reentry under 8 U.S.C. § 1326(b)(1) violates his due process rights because his sentence was enhanced based on a prior felony conviction that was not charged in the indictment. As he correctly concedes, his argument is foreclosed by the Supreme Court’s holding in Almendarez- Torres v. United States, 523 U.S. 224, 239-47 (1998), and he raises the issue Case: 18-50741 Document: 00514921471 Page: 2 Date Filed: 04/18/2019

No. 18-50741 only to preserve it for further review. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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