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Case: 22-50717 Document: 00516607426 Page: 1 Date Filed: 01/11/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50717 Summary Calendar FILED ____________ January 11, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jorge Castellanos-Haro, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-141-1 ______________________________ Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * Jorge Castellanos-Haro appeals his conviction and sentence for reentry after deportation under
8 U.S.C. § 1326(a) and (b)(1). He argues that treating a prior felony conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, as opposed to a separate element of the offense itself, violates the Constitution. He has filed an unopposed motion for summary disposition and a letter brief conceding, correctly, that this issue _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50717 Document: 00516607426 Page: 2 Date Filed: 01/11/2023 No. 22-50717 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). Castellanos-Haro states that he has raised the issue only to preserve it for possible further review. Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis,
406 F.2d 1158, 1162 (5th Cir. 1969), Castellanos-Haro’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2
Document Info
Docket Number: 22-50717
Filed Date: 1/11/2023
Precedential Status: Non-Precedential
Modified Date: 1/12/2023