United States v. Alvarez-Meza ( 2023 )

Case: 23-50522 Document: 00516969178 Page: 1 Date Filed: 11/15/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-50522
Summary Calendar FILED
____________ November 15, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Noel Alvarez-Meza,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:23-CR-76-1
______________________________
Before King, Haynes, and Graves, Circuit Judges.
Per Curiam: *
Noel Alvarez-Meza appeals the sentence imposed following his
conviction for illegal reentry into the United States in violation of 8 U.S.C.
§ 1326(a) and (b)(1). He contends that the sentencing enhancement in
§ 1326(b) is unconstitutional because it permits a sentence above the
otherwise applicable statutory maximum established by § 1326(a) based on
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-50522 Document: 00516969178 Page: 2 Date Filed: 11/15/2023
No. 23-50522
facts that are neither alleged in the indictment nor found by a jury beyond a
reasonable doubt. He acknowledges that this argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to
preserve it for possible Supreme Court review. He therefore has filed an
unopposed motion for summary disposition.
We have 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). Alvarez-Meza is, therefore,
correct that his argument is foreclosed. Accordingly, because summary
disposition is appropriate, see Groendyke Transp. Inc. v. Davis, 406 F.2d 1158,
1162 (5th Cir. 1969), Alvarez-Meza’s motion is GRANTED, and the district
court’s judgment is AFFIRMED.
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