United States v. Jimenez-Ramirez ( 2022 )

Case: 21-50822 Document: 00516240083 Page: 1 Date Filed: 03/15/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-50822 March 15, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Rodrigo Jimenez-Ramirez,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
No. 4:21-CR-280-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
Rodrigo Jimenez-Ramirez appeals his conviction and sentence for
illegal reentry under 8 U.S.C. § 1326(a) and (b)(1). For the first time on
appeal, he contends that § 1326(b) is unconstitutional because it permits a
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
Case: 21-50822 Document: 00516240083 Page: 2 Date Filed: 03/15/2022
No. 21-50822
defendant to be sentenced above the statutory maximum under § 1326(a)
based on the fact of a prior conviction that was not alleged in the indictment
or found by a jury beyond a reasonable doubt. He correctly concedes that the
argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224(1998). See United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United
States v. Pineda-Arrellano, 492 F.3d 624, 625–26 (5th Cir. 2007). He wishes
to preserve the issue for further review and has filed a letter brief and an
unopposed motion for summary disposition.
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.
2