Case: 21-50735 Document: 00516182356 Page: 1 Date Filed: 01/27/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-50735 January 27, 2022 consolidated with Lyle W. Cayce No.21-50756 Clerk Summary Calendar

United States of America, Plaintiff—Appellee, versus Guillermo Mata-Valerio, Defendant—Appellant.

Appeals from the United States District Court for the Western District of Texas USDC No. 4:16-CR-73-1 USDC No. 4:21-CR-116-1

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

Per Curiam:* Guillermo Mata-Valerio appeals his conviction for illegal reentry after deportation and his sentence of 46 months of imprisonment and three years

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-50735 Document: 00516182356 Page: 2 Date Filed: 01/27/2022

No. 21-50735 c/w No. 21-50756 of supervised release. He argues that his sentence exceeded the statutory maximum because the enhanced penalty provisions of 8 U.S.C. § 1326(b) are unconstitutional. He has not briefed the validity of the revocation of his supervised release or the 14-month revocation sentence he received and has, therefore, abandoned any challenge to them. See United States v. Still, 102 F.3d 118, 122 n.7 (5th Cir. 1996).

Mata-Valerio has filed an unopposed motion for 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). Mata-Valerio 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), Mata-Valerio’s motion is GRANTED, and the district court’s judgment is AFFIRMED.