United States v. Sandoval

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-20757
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

SERGIO MADRIZ SANDOVAL,

Defendant-Appellant

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:19-CR-165-1

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

Sergio Madriz Sandoval has appealed his conviction of illegal reentry
after removal in violation of 8 U.S.C. § 1326. He contends that the district
court erred in denying his motion to dismiss the indictment in light of Pereira
v. Sessions, 138 S. Ct. 2105 (2018). He concedes that his legal contentions are
foreclosed, and he raises them to preserve them for further review. See United
States v. Pedroza-Rocha, 933 F.3d 490, 496-98 (5th Cir. 2019), cert. denied 2020

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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
June 3, 2020

Lyle W. Cayce
Clerk
Case: 19-20757 Document: 00515438787 Page: 1 Date Filed: 06/03/2020

No. 19-20757
2
WL 2515686 (U.S. May 28, 2020) (No. 19-6588); Pierre-Paul v. Barr, 930 F.3d
684, 689-93 (5th Cir. 2019), cert. denied 2020 WL 1978950 (U.S. Apr. 27, 2020)
(No. 19-779). The Government has filed an unopposed motion for summary
affirmance.
Because there is no substantial question as to the outcome of this case,
the motion for summary affirmance is GRANTED. The Government’s
alternative motion for an extension of time within which to file a brief is
DENIED. The judgment is AFFIRMED.

Case: 19-20757 Document: 00515438787 Page: 2 Date Filed: 06/03/2020