United States v. Sanchez-Lugo

Case: 21-51143 Document: 00516370403 Page: 1 Date Filed: 06/24/2022

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

Fifth Circuit FILED

No. 21-51143 June 24, 2022 consolidated with Lyle W. Cayce

No. 21-51144 Clerk

Summary Calendar

United States of America,

Plaintiff—Appellee, versus

Faustino Sanchez-Lugo,

Defendant—Appellant.

Appeals from the United States District Court for the Western District of Texas USDC No. 2:14-CR-191-1 USDC No. 2:20-CR-1249-1

Before Southwick, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

Faustino Sanchez-Lugo appeals his conviction for illegal reentry into the United States under 8 U.S.C. § 1326, along with the revocation of the

Case: 21-51143 Document: 00516370403 Page: 2 Date Filed: 06/24/2022

No. 21-51143 c/w No. 21-51144 term of supervised release he was serving at the time of the offense. He has not briefed, and has thus abandoned, any challenge to the revocation of supervised release or to his revocation sentence. See United States v. Reagan, 596 F.3d 251, 254–55 (5th Cir. 2010).

For the first time on appeal, Sanchez-Lugo contends that Section 1326(b) is unconstitutional because it allows for the imposition of a sentence above the otherwise applicable statutory maximum based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. He has filed an unopposed motion for summary disposition and a letter brief in which he acknowledges that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). Sanchez-Lugo explains that he raises this issue only to preserve it for further review.

Summary disposition is proper. Sanchez-Lugo’s motion is GRANTED, and the judgments of the district court are AFFIRMED.