United States v. Vasquez-Jacinto

Case: 21-51072 Document: 00516307238 Page: 1 Date Filed: 05/04/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-51072 May 4, 2022 Summary Calendar Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Silvino Vasquez-Jacinto,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-547-1

Before King, Costa, and Ho, Circuit Judges.

Per Curiam:*

Silvino Vasquez-Jacinto appeals his conviction for illegal reentry into the United States and his sentence of 30 months of imprisonment and three years of supervised release. He argues that 8 U.S.C. § 1326(b) is unconstitutional because it permits the increase of a sentence beyond the Case: 21-51072 Document: 00516307238 Page: 2 Date Filed: 05/04/2022

No. 21-51072 otherwise-applicable statutory maximum based on facts that are neither charged in the indictment nor found by a jury beyond a reasonable doubt. He concedes that this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to preserve the issue for future review and has filed an unopposed motion for summary disposition.

As Vasquez-Jacinto concedes, the issue he raises is foreclosed by Almendarez-Torres. 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), Vasquez-Jacinto’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.