Case: 21-10149 Document: 00516064392 Page: 1 Date Filed: 10/21/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 21, 2021 No. 21-10149 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Juan Coreno-Garay, Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CR-265-1

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:* Juan Coreno-Garay appeals his sentence for illegally reentering the United States after removal. See 8 U.S.C. § 1326(a), (b)(1). He contends that the district court erred in sentencing him under § 1326(b)(1)— specifically by imposing a supervised release term of more than one year—

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-10149 Document: 00516064392 Page: 2 Date Filed: 10/21/2021

No. 21-10149

because the fact of his prior felony conviction was neither pleaded in the information nor found by a jury beyond a reasonable doubt. Coreno-Garay concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and he raises it only to preserve the issue for further review. The Government moves for summary affirmance or, alternatively, for an extension of time to file a merits brief.

Almendarez-Torres forecloses relief on Coreno-Garay’s claim of sentencing error. Accordingly, the motion for summary affirmance is GRANTED, and the judgment is AFFIRMED. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). The Government’s alternative motion for an extension of time is DENIED as moot.