United States v. Rodriguez-Morales ( 2022 )

Case: 21-50877 Document: 00516255785 Page: 1 Date Filed: 03/28/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 28, 2022
No. 21-50877
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Juan Reynaldo Rodriguez-Morales,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:20-CR-1232-1
Before Southwick, Oldham, and Wilson, Circuit Judges.
Per Curiam:*
Juan Reynaldo Rodriguez-Morales appeals his conviction and
sentence for illegal reentry after deportation under 8 U.S.C. § 1326(a) and
(b)(1). He argues that his sentence exceeded the statutory maximum because
the enhanced penalty provisions of § 1326(b) are unconstitutional.
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-50877 Document: 00516255785 Page: 2 Date Filed: 03/28/2022
No. 21-50877
Rodriguez-Morales has filed an unopposed motion for summary
disposition and a letter brief conceding correctly that this issue 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). He 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), Rodriguez-Morales’s motion is GRANTED, and the
district court’s judgment is AFFIRMED.
2