United States v. Mejia-Turquiz ( 2023 )

Case: 22-50906 Document: 00516684180 Page: 1 Date Filed: 03/21/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 22-50906 March 21, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Micaela Elizabeth Mejia-Turquiz,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-353-1
______________________________
Before Stewart, Dennis, and Willett, Circuit Judges.
Per Curiam: *
Micaela Elizabeth Mejia-Turquiz appeals her conviction and sentence
under 8 U.S.C. § 1326 for illegal entry into the United States after
deportation. She argues that the recidivism enhancement in § 1326(b) is
unconstitutional because it permits a sentence above the otherwise-
applicable statutory maximum established by § 1326(a), based on facts that
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50906 Document: 00516684180 Page: 2 Date Filed: 03/21/2023
No. 22-50906
are neither alleged in the indictment nor found by a jury beyond a reasonable
doubt. Mejia-Turquiz has filed an unopposed motion for summary
disposition acknowledging that this argument is foreclosed by Almendarez-
Torres v. United States, 523 U.S. 224 (1998), but she seeks to preserve it for
possible Supreme Court review.
This court has held that subsequent Supreme Court decisions such as
Alleyne v. United States, 570 U.S. 99 (2013), and Apprendi v. New Jersey, 530
U.S. 466 (2000), did not overrule Almendarez-Torres. See United States v.
Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). Thus, Mejia-Turquiz is correct
that her argument is foreclosed, and summary disposition is appropriate. See
Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).
Mejia-Turquiz’s motion is GRANTED, and the district court’s
judgment is AFFIRMED.
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