United States v. Lujan-Galindo

Case: 21-51022 Document: 00516297680 Page: 1 Date Filed: 04/27/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 27, 2022
No. 21-51022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Elias Lujan-Galindo,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:21-CR-501-1
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
Elias Lujan-Galindo appeals his conviction and sentence for illegal
reentry into the United States under 8 U.S.C. § 1326(a) and (b)(1). Lujan-
Galindo argues that treating a prior felony or aggravated felony conviction
that increases the statutory maximum under § 1326(b) as a sentencing factor,
*
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opinion should not be published and is not precedent except under the limited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: 21-51022 Document: 00516297680 Page: 2 Date Filed: 04/27/2022
No. 21-51022
rather than a separate element of the offense, violates the Constitution. He
has filed an unopposed motion for summary disposition and a letter brief
explaining that he has raised the issue only to preserve it for further review
and correctly conceding that his argument 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).
Because summary disposition is appropriate, see Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Lujan-Galindo’s motion is
GRANTED, and the judgment of the district court is AFFIRMED.
2