United States v. Gomez-Godinez

Case: 21-51020 Document: 00516245651 Page: 1 Date Filed: 03/18/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals

Fifth Circuit FILED

March 18, 2022

No. 21-51020 consolidated with Lyle W. Cayce

No. 21-51029 Clerk

Summary Calendar

United States of America,

Plaintiff—Appellee, versus

Alex Manuel Gomez-Godinez,

Defendant—Appellant.

Appeals from the United States District Court for the Western District of Texas USDC No. 4:21-CR-440-1 USDC No. 4:18-CR-240-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

Alex Manuel Gomez-Godinez’s appeal of the 21-month sentence of imprisonment imposed following his guilty plea conviction for illegal reentry

Case: 21-51020 Document: 00516245651 Page: 2 Date Filed: 03/18/2022

No. 21-51020 c/w No. 21-51029 after removal from the United States has been consolidated with his appeal of the judgment revoking the term of supervised release he was serving at the time of the offense. Because his appellate brief does not address the revocation or the revocation sentence, he abandons any challenge to that judgment. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

Gomez-Godinez contends that the enhancement of his illegal reentry sentence pursuant to 8 U.S.C. § 1326(b) was unconstitutional because the fact of a prior conviction was not charged and proved to a jury beyond a reasonable doubt. He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 226-27 (1998), but seeks to preserve the issue for further review. Accordingly, he has filed an unopposed motion for summary disposition.

We conclude that Gomez-Godinez’s concession of foreclosure is correct, and summary disposition is appropriate. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019); Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the defendant-appellant’s unopposed motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.