United States v. Martinez-Saucedo ( 2023 )

Case: 22-50728 Document: 00516603415 Page: 1 Date Filed: 01/09/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50728
Summary Calendar FILED
____________ January 9, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Ignacio Martinez-Saucedo,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-127-1
______________________________
Before Smith, Southwick, and Douglas, Circuit Judges.
Per Curiam: *
Ignacio Martinez-Saucedo appeals his conviction and sentence for
illegal reentry after removal. Martinez-Saucedo avers that his sentence of
46 months’ imprisonment and three years’ supervised release exceeds the
statutory maximum because the enhanced penalty provisions of 8 U.S.C.
§ 1326(b) are unconstitutional. He has filed an unopposed motion for sum-
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50728 Document: 00516603415 Page: 2 Date Filed: 01/09/2023
No. 22-50728
mary disposition and a letter brief conceding, correctly, that this issue is fore-
closed 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). Martinez-Saucedo
states that he raises 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), the motion is GRANTED,
and the judgment is AFFIRMED.
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