United States v. Nolasco-Ariza ( 2023 )

Case: 22-50943 Document: 00516736979 Page: 1 Date Filed: 05/03/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-50943
FILED
May 3, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Ambrosio Nolasco-Ariza,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:21-CR-234-1
______________________________
Before Davis, Duncan, and Engelhardt, Circuit Judges.
Per Curiam: *
Ambrosio Nolasco-Ariza appeals his conviction for illegal reentry into
the United States after having been removed, in violation of 8 U.S.C. § 1326.
He contends that § 1326 violates the Fifth Amendment’s equal protection
principles. He concedes that this argument is foreclosed by our recent
decision in United States v. Barcenas-Rumualdo, 53 F.4th 859, 862 (5th
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50943 Document: 00516736979 Page: 2 Date Filed: 05/03/2023
No. 22-50943
Cir. 2022), and merely raises this issue to preserve it for further review. The
Government has moved without opposition for summary affirmance, or,
alternatively, for an extension of time to file a brief.
Because summary affirmance is appropriate, see Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion
for summary affirmance is GRANTED, the Government’s alternative
motion for an extension of time to file a brief is DENIED, and the district
court’s judgment is AFFIRMED.
2