DocketNumber： 22-50701
Filed Date： 12/9/2022
Status： Non-Precedential
Modified Date： 12/9/2022
Case: 22-50701 Document: 00516572632 Page: 1 Date Filed: 12/09/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50701 Summary Calendar FILED December 9, 2022 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Kevin Jahary Mejia-Leon, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-167-1 Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* Kevin Jahary Mejia-Leon appeals his conviction and sentence for illegal reentry after deportation. Mejia-Leon argues that his sentence of 24 months of imprisonment and three years of supervised release exceeded the statutory maximum because the enhanced penalty provisions of8 U.S.C. § 1326
(b) are unconstitutional. He has filed an unopposed motion for * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50701 Document: 00516572632 Page: 2 Date Filed: 12/09/2022 No. 22-50701 summary disposition and a letter brief 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). Mejia-Leon states that he has raised the issue only to preserve it for possible further review. Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis,406 F.2d 1158
, 1162 (5th Cir. 1969), Mejia-Leon’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2