United States v. Lujan-Galindo

Case: 21-51022 Document: 00516297680 Page: 1 Date Filed: 04/27/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 27, 2022 No. 21-51022

Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee, versus

Elias Lujan-Galindo,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-501-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

Elias Lujan-Galindo appeals his conviction and sentence for illegal reentry into the United States under 8 U.S.C. § 1326(a) and (b)(1). Lujan- Galindo argues that treating a prior felony or aggravated felony conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, Case: 21-51022 Document: 00516297680 Page: 2 Date Filed: 04/27/2022

No. 21-51022 rather than a separate element of the offense, violates the Constitution. He has filed an unopposed motion for summary disposition and a letter brief explaining that he has raised the issue only to preserve it for further review and correctly conceding that his argument 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). Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Lujan-Galindo’s motion is GRANTED, and the judgment of the district court is AFFIRMED.