United States v. Baez-Castillo

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10958
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MIGUEL ANGEL BAEZ-CASTILLO,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-58-1

Before HIGGINBOTHAM, HO, and ENGELHARDT, Circuit Judges.
PER CURIAM:
*

Miguel Angel Baez-Castillo appeals his conviction and 60-month
sentence for illegal presence in the United States under 8 U.S.C. § 1326(b)(1).
He asserts that the fact of a prior felony conviction was an element of the
offense that was not alleged in the indictment or admitted by him as required
by the Sixth Amendment and historical common-law practices. He concedes
that the issue is foreclosed by Almendarez-Torres v. United States, 523 U.S.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5
TH
CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
FILED
May 21, 2020

Lyle W. Cayce
Clerk
Case: 19-10958 Document: 00515425049 Page: 1 Date Filed: 05/21/2020

No. 19-10958
2
224 (1998). Baez-Castillo contends, however, that the Supreme Court has not
considered the historical common law approach to pleading prior convictions
since Almendarez-Torres, although its Sixth Amendment jurisprudence
subsequently evolved to apply the common law practice of defining elements
in Apprendi v. New Jersey, 530 U.S. 466, 477-83 (2000). He seeks to preserve
for further review this historical challenge to treating prior convictions as
sentencing factors rather than elements of the offense.
The Government has moved for summary affirmance or, alternatively,
an extension of time to file a brief. Because Baez-Castillo’s argument is
foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc. v.
Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The Government’s motion for
summary affirmance is GRANTED, and the judgment is AFFIRMED. The
Government’s alternative motion for an extension of time to file a brief is
DENIED.
Case: 19-10958 Document: 00515425049 Page: 2 Date Filed: 05/21/2020