Case: 22-50161 Document: 00516410080 Page: 1 Date Filed: 07/27/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED July 27, 2022 No. 22-50161 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Roberto Bahena-Valladares, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 1:21-CR-181-1

Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam:* Roberto Bahena-Valladares appeals his conviction and sentence for illegal reentry after deportation. Bahena-Valladares argues that his sentence of 48 months of imprisonment and three years of supervised release exceeded the statutory maximum because the enhanced penalty provisions of 8 U.S.C.

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 22-50161 Document: 00516410080 Page: 2 Date Filed: 07/27/2022

No. 22-50161

§ 1326(b) are unconstitutional. He 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). Bahena- Valladares 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), Bahena- Valladares’s motion is GRANTED, and the district court’s judgment is AFFIRMED.