United States v. Corona-Lopez ( 2023 )

Case: 23-50195 Document: 00516891816 Page: 1 Date Filed: 09/12/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-50195
Summary Calendar FILED
____________ September 12, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Victor Manuel Corona-Lopez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:22-CR-1671-1
______________________________
Before Smith, Higginson, and Engelhardt, Circuit Judges.
Per Curiam: *
Victor Corona-Lopez appeals his conviction and sentence for illegal
reentry under 8 U.S.C. § 1326(a) and (b)(1). Corona-Lopez contends that
treating a prior felony conviction that increases the statutory maximum under
§ 1326(b) as a sentencing factor, rather than a separate element of the offense,
is unconstitutional. He has filed an unopposed motion for summary disposi-
tion and a letter brief conceding, correctly, that this issue is foreclosed by
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-50195 Document: 00516891816 Page: 2 Date Filed: 09/12/2023
No. 23-50195
Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v.
Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019). Corona-Lopez asserts 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), the motion is GRANTED,
and the judgment is AFFIRMED.
2