United States v. Martinez-Ventura

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 19-50849
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

IGNACIO MARTINEZ-VENTURA,

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:19-CR-304-1

Before CLEMENT, ELROD, and OLDHAM, Circuit Judges.
PER CURIAM:
*

Ignacio Martinez-Ventura appeals the 21-month sentence imposed
following his guilty plea conviction for illegal reentry after deportation. He
argues that his sentence was imposed under an unconstitutional statute,
8 U.S.C. § 1326(b). He correctly concedes that his argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998), but raises the issue
to preserve for further possible review. See United States v. Wallace, 759 F.3d

*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5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
April 17, 2020

Lyle W. Cayce
Clerk
Case: 19-50849 Document: 00515386000 Page: 1 Date Filed: 04/17/2020

No. 19-50849
2
486, 497 (5th Cir. 2014); United States v. Pineda-Arrellano, 492 F.3d 624, 625-
26 (5th Cir. 2007).
The Government has filed an unopposed motion for summary affirmance
and, alternatively, seeks an extension of time to file its brief. Because the issue
is foreclosed, summary affirmance is appropriate. See Groendyke Transp., Inc.
v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).
Accordingly, the Government’s motion for summary affirmance is
GRANTED, the Government’s alternative motion for an extension of time to
file a brief is DENIED, and the judgment of the district court is AFFIRMED.
Case: 19-50849 Document: 00515386000 Page: 2 Date Filed: 04/17/2020