United States v. Vasquez-Soto

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-10804
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JOSE ANGEL VASQUEZ-SOTO,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:19-CR-46-1

Before JOLLY, JONES, and SOUTHWICK, Circuit Judges.
PER CURIAM:
*

Appealing the judgment in a criminal case, Jose Angel Vasquez-Soto
argues that the district court erred at rearraignment by failing to advise him
that his prior felony conviction was an essential element of his illegal reentry
offense under 8 U.S.C. § 1326(b)(1) and that the court erred by sentencing him
under the enhanced statutory maximum sentence pursuant to that provision.
As Vasquez-Soto concedes, his arguments are foreclosed by Almendarez-Torres

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
January 23, 2020

Lyle W. Cayce
Clerk
Case: 19-10804 Document: 00515283119 Page: 1 Date Filed: 01/23/2020

2
No. 19-10804
v.United States, 523 U.S. 224 (1998). In Almendarez-Torres, the Court held
that for purposes of a statutory sentencing enhancement, the fact of a prior
conviction need not be alleged in the indictment or found by a jury beyond a
reasonable doubt. Almendarez-Torres, 523 U.S. at 239–47. Apprendi v. New
Jersey, 530 U.S. 466 (2000), did not overrule this holding. See United States v.
Rojas-Luna, 522 F.3d 502, 505–06 (5th Cir. 2008). The Government’s motion
for summary affirmance is GRANTED, and the judgment of the district court
is AFFIRMED. The Government’s alternative motion for an extension of time
to file a brief is DENIED as moot.
Case: 19-10804 Document: 00515283119 Page: 2 Date Filed: 01/23/2020