United States v. Calderon-Gonzalez

Case: 22-50396 Document: 00516591012 Page: 1 Date Filed: 12/28/2022
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
FILED
No. 22-50396 December 28, 2022
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Jose Guadalupe Calderon-Gonzalez,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:21-CR-1040-1
______________________________
Before Stewart, Duncan, and Wilson, Circuit Judges.
Per Curiam: *
Jose Guadalupe Calderon-Gonzalez appeals his conviction and
sentence for illegal reentry after deportation. Calderon-Gonzalez argues that
his sentence of 27 months of imprisonment 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 has filed an
unopposed motion for summary disposition and a letter brief conceding
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50396 Document: 00516591012 Page: 2 Date Filed: 12/28/2022
No. 22-50396
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). Calderon-Gonzalez 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), Calderon-Gonzalez’s motion is GRANTED, and the district court’s
judgment is AFFIRMED.
2