USA v. Christopher Garvin, No. 15-10301 (5th Cir. 2015)

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Case: 15-10301 Document: 00513307319 Page: 1 Date Filed: 12/15/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-10301 Conference Calendar United States Court of Appeals Fifth Circuit FILED December 15, 2015 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. CHRISTOPHER LEE GARVIN, Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:14-CR-218-1 Before JONES, SOUTHWICK, and COSTA, Circuit Judges. PER CURIAM: * Appealing the judgment in a criminal case, Christopher Lee Garvin raises an argument that is foreclosed by United States v. Tuma, 738 F.3d 681 (5th Cir. 2013), cert. denied, 134 S. Ct. 2875 (2014). In Tuma, we held that Alleyne v. United States, 133 S. Ct. 2151 (2013) applies “only to facts that increase a statutory mandatory minimum sentence” and rejected the argument that Alleyne requires that any fact that increases a defendant’s minimum 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 15-10301 Document: 00513307319 Page: 2 Date Filed: 12/15/2015 No. 15-10301 sentence, including facts that raise the guidelines range, be found by a jury beyond a reasonable doubt. Tuma, 738 F.3d at 693. The motion for summary affirmance is GRANTED, the alternative request for an extension of time is DENIED, and the judgment of the district court is AFFIRMED. 2

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