United States v. Gonzalez-Morales

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50376
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellant

v.

JUANA GONZALEZ-MORALES,

Defendant-Appellee

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:19-CR-428-1

Before CLEMENT, ELROD, and OLDHAM, 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). Juana Gonzalez-Morales does not
oppose the motion. We agree with the Government.

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
United States Court of Appeals
Fifth Circuit
FILED
February 27, 2020

Lyle W. Cayce
Clerk
Case: 19-50376 Document: 00515324431 Page: 1 Date Filed: 02/27/2020

No. 19-50376
2
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.
Case: 19-50376 Document: 00515324431 Page: 2 Date Filed: 02/27/2020