United States v. Molina-Rodriguez

Case: 21-51195 Document: 00516329547 Page: 1 Date Filed: 05/23/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-51195 May 23, 2022
consolidated with Lyle W. Cayce
No. 21-51206 Clerk
Summary Calendar
United States of America,
Plaintiff—Appellee,
versus
Antonio Molina-Rodriguez,
Defendant—Appellant.
Appeals from the United States District Court
for the Western District of Texas
USDC No. 4:15-CR-117-2
USDC No. 4:21-CR-549-1
Before Davis, Jones, and Elrod, Circuit Judges.
Per Curiam:*
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5th Circuit Rule 47.5.4.
Case: 21-51195 Document: 00516329547 Page: 2 Date Filed: 05/23/2022
No. 21-51195
c/w No. 21-51206
Antonio Molina-Rodriguez appeals his conviction and sentence for
illegal reentry into the United States and also appeals the judgment revoking
his supervised release and imposing additional prison time. He has not
briefed, and has thus abandoned, any argument in the revocation case. See
United States v. Still, 102 F.3d 118, 122 n.7 (5th Cir. 1996). However, Molina-
Rodriguez argues that his illegal reentry sentence of 115 months and three
years of supervised release exceeded the statutory maximum because the
enhanced penalty provisions of 8 U.S.C. § 1326(b) are unconstitutional. He
concedes that this issue is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224 (1998), but he seeks to preserve the issue for future review and
has moved for summary disposition.
As Molina-Rodriguez concedes, the issue he raises is foreclosed by
Almendarez-Torres. 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-Rodriguez’s motion
for summary disposition is GRANTED, and the judgments of the district
court are AFFIRMED.
2