United States v. Angel-Felix ( 2023 )

Case: 22-50803 Document: 00516678087 Page: 1 Date Filed: 03/15/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50803
Summary Calendar FILED
____________ March 15, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Jose Angel-Felix,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-209-1
______________________________
Before Davis, Duncan, and Engelhardt, Circuit Judges.
Per Curiam: *
Jose Angel-Felix appeals his sentence for illegal reentry in violation of
8 U.S.C. § 1326(a) and (b)(2). In his sole issue on appeal, Angel-Felix argues
that § 1326(b) is unconstitutional because it permits a sentence above the
otherwise-applicable statutory maximum based on facts that are neither
alleged in the indictment nor found by a jury beyond a reasonable doubt. He
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50803 Document: 00516678087 Page: 2 Date Filed: 03/15/2023
No. 22-50803
has filed an unopposed motion for summary disposition and a letter brief
explaining that he has raised this issue only to preserve it for further review
and conceding correctly that his argument 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). Because summary disposition is appropriate, see
Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Angel-
Felix’s motion is GRANTED, and the district court’s judgment is
AFFIRMED.
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