United States v. Juarez-Medellin ( 2023 )

Case: 22-50610 Document: 00516612375 Page: 1 Date Filed: 01/17/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50610
Summary Calendar FILED
____________ January 17, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Geronimo Juarez-Medellin,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-46-1
______________________________
Before Jolly, Oldham, and Wilson, Circuit Judges.
Per Curiam: *
Geronimo Juarez-Medellin appeals his conviction and sentence for
illegal reentry after removal from the United States, in violation of 8 U.S.C.
§ 1326(a) & (b)(2), arguing that the application of § 1326(b)’s enhanced
penalty provision is unconstitutional because it permits a defendant to be
sentenced above the statutory maximum of § 1326(a) based on the fact of a
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50610 Document: 00516612375 Page: 2 Date Filed: 01/17/2023
No. 22-50610
prior conviction that was not alleged in the indictment or found by a jury
beyond a reasonable doubt. He has filed an unopposed motion for summary
disposition and a letter brief conceding that the issue is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998), see United States v.
Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019), and explaining that he raises the
issue to preserve it for Supreme Court review.
Because summary disposition is appropriate, see Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Juarez-Medellin’s motion
is GRANTED, and the district court’s judgment is AFFIRMED.
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