United States v. Rangel Hernandez ( 2023 )

Case: 23-50251 Document: 00516979712 Page: 1 Date Filed: 11/27/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 23-50251
FILED
November 27, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jose De Jesus Rangel Hernandez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:22-CR-200-1
______________________________
Before Higginbotham, Stewart, and Southwick, Circuit Judges.
Per Curiam: *
Jose de Jesus Rangel Hernandez appeals his conviction and sentence
for illegal reentry into the United States after removal. Hernandez argues
that 8 U.S.C. § 1326(b) is unconstitutional. He acknowledges that his
argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224(1998), but he contends it has been called into doubt by later decisions, and
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-50251 Document: 00516979712 Page: 2 Date Filed: 11/27/2023
No. 23-50251
he seeks to preserve the issue for Supreme Court review. He 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). Accordingly, Hernandez is
correct that his argument is foreclosed, and summary disposition is
appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th
Cir. 1969).
IT IS ORDERED that Hernandez’s motion is GRANTED, and
the district court’s judgment is AFFIRMED.
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