United States v. Rodriguez-Morales

Case: 21-50877 Document: 00516255785 Page: 1 Date Filed: 03/28/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 28, 2022 No. 21-50877

Lyle W. Cayce Summary Calendar Clerk

United States of America,

Plaintiff—Appellee, versus

Juan Reynaldo Rodriguez-Morales,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 2:20-CR-1232-1

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

Juan Reynaldo Rodriguez-Morales appeals his conviction and sentence for illegal reentry after deportation under 8 U.S.C. § 1326(a) and (b)(1). He argues that his sentence exceeded the statutory maximum because the enhanced penalty provisions of § 1326(b) are unconstitutional.

Case: 21-50877 Document: 00516255785 Page: 2 Date Filed: 03/28/2022

No. 21-50877

Rodriguez-Morales 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). He 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), Rodriguez-Morales’s motion is GRANTED, and the district court’s judgment is AFFIRMED.