United States v. Salas-Sanchez

Case: 21-50600 Document: 00516180462 Page: 1 Date Filed: 01/26/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 26, 2022 No. 21-50600

Summary Calendar Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Juan Raul Salas-Sanchez,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 2:20-CR-942-1

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:*

Juan Raul Salas-Sanchez appeals his conviction and sentence for illegal reentry after deportation. He argues that 8 U.S.C. § 1326(b) is unconstitutional because it allows a sentence above the otherwise applicable statutory maximum of two years of imprisonment and one year of supervised Case: 21-50600 Document: 00516180462 Page: 2 Date Filed: 01/26/2022

No. 21-50600 release based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt.

However, Salas-Sanchez has filed an unopposed motion for summary disposition and a letter brief conceding correctly that the 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). He explains that he has raised the issue only to preserve it for possible further review. Accordingly, because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Salas-Sanchez’s motion is GRANTED, and the district court’s judgment is AFFIRMED.