United States v. Ramirez-Baeza

Case: 21-50290 Document: 00516008996 Page: 1 Date Filed: 09/10/2021
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
September 10, 2021
No. 21-50290
Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Miguel Issac Ramirez-Baeza,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
No. 4:20-CR-470-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
Miguel Ramirez-Baeza appeals his within-guidelines sentence of
sixteen months’ imprisonment and three years of supervised release follow-
ing his guilty-plea conviction of illegal reentry into the United States. He
contends that the 8 U.S.C. § 1326(b) recidivism enhancement is unconstitu-
*
Pursuant to 5th Circuit Rule 47.5, the court has determined that this opin-
ion should not be published and is not precedent except under the limited circumstances
set forth in 5th Circuit Rule 47.5.4.
Case: 21-50290 Document: 00516008996 Page: 2 Date Filed: 09/10/2021
No. 21-50290
tional because it permits a sentence above the otherwise-applicable statutory
maximum based on facts that are neither alleged in the indictment nor found
by a jury beyond a reasonable doubt.
As Ramirez-Baeza concedes, this issue is foreclosed by Almendarez-
Torres v. United States, 523 U.S. 224 (1998). See United States v. Wallace,
759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda-Arrellano, 492 F.3d
624, 625-26 (5th Cir. 2007). Thus, summary affirmance is appropriate. See
Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).
Accordingly, the government’s motion for summary affirmance is
GRANTED, its alternative motion for an extension of time to file a brief is
DENIED, and the judgment is AFFIRMED.
2