United States v. Maria Chavez-Flores

Case: 19-50192 Document: 00515236017 Page: 1 Date Filed: 12/13/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-50192 December 13, 2019 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellant v. MARIA FRANCISCA CHAVEZ-FLORES, Defendant-Appellee

Appeal from the United States District Court for the Western District of Texas USDC No. 3:18-CR-3229-1

Before SMITH, DENNIS, and DUNCAN, Circuit Judges.

PER CURIAM: * Appealing the district court’s dismissal of an indictment charging an offense under 8 U.S.C. § 1326, the Government moves for summary disposition, arguing that the dismissal was erroneous in light of our recent decision in United States v. Pedroza-Rocha, 933 F.3d 490 (5th Cir. 2019), petition for cert. filed (U.S. Nov. 6, 2019) (No. 19-6588). Maria Francisca Chavez-Flores, the defendant, has not filed a response in opposition. As the Case: 19-50192 Document: 00515236017 Page: 2 Date Filed: 12/13/2019

No. 19-50192 Government argues, this case is indistinguishable from Pedroza-Rocha, where we reversed the district court’s dismissal of an indictment charging the defendant with a violation of § 1326.

Accordingly, the Government’s motion for summary disposition is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, the district court’s order dismissing the indictment is REVERSED, and the matter is REMANDED for further proceedings.