United States v. Molina-Nolasco ( 2023 )

Case: 23-50372 Document: 00516929184 Page: 1 Date Filed: 10/12/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-50372
Summary Calendar FILED
____________ October 12, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Santiago Molina-Nolasco,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-727-1
______________________________
Before King, Haynes, and Graves, Circuit Judges.
Per Curiam: *
Santiago Molina-Nolasco appeals his conviction and sentence for
illegal reentry after removal under 8 U.S.C. § 1326(a) and (b)(1). In his sole
issue on appeal, Molina-Nolasco contends that § 1326(b) is unconstitutional
because it allows a sentence above the otherwise applicable statutory
maximum based on facts that are neither alleged in the indictment nor found
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-50372 Document: 00516929184 Page: 2 Date Filed: 10/12/2023
No. 23-50372
by a jury beyond a reasonable doubt. He has filed an unopposed motion for
summary disposition and a letter brief explaining that he has raised this issue
only to preserve it for further review and 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). Because
summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406
F.2d 1158, 1162 (5th Cir. 1969), Molina-Nolasco’s motion is GRANTED,
and the district court’s judgment is AFFIRMED.
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