United States v. Eusebio Reyes

Case: 18-50935 Document: 00515002871 Page: 1 Date Filed: 06/19/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 18-50935 FILED Summary Calendar June 19, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EUSEBIO LUNA REYES, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:18-CR-340-1

Before DENNIS, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM: * Appealing the judgment in a criminal case, Eusebio Luna Reyes contends that a prior aggravated felony conviction is an element of the offense under 8 U.S.C. § 1326(b)(2) that must be admitted by the defendant or found by a jury beyond a reasonable doubt. As he concedes, the issue is foreclosed by United States v. Almendarez-Torres, 523 U.S. 224 (1998). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district Case: 18-50935 Document: 00515002871 Page: 2 Date Filed: 06/19/2019

No. 18-50935 court is AFFIRMED. The Government’s alternative motion for an extension of time to file an appellee’s brief is DENIED as moot.