United States v. Gonzalez-Holguin

Case: 21-51049 Document: 00516414571 Page: 1 Date Filed: 08/01/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 1, 2022 No. 21-51049 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Jorge Edgar Gonzalez-Holguin, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 3:19-CR-4174-1

Before King, Higginson, and Willett, Circuit Judges.

Per Curiam:* Jorge Edgar Gonzalez-Holguin appeals his conviction for illegal reentry and his sentence of 21 months of imprisonment and three years of supervised release. He argues for the first time on appeal that his sentence Case: 21-51049 Document: 00516414571 Page: 2 Date Filed: 08/01/2022

No. 21-51049 exceeds the statutory maximum because the enhanced penalty provisions of 8 U.S.C. § 1326(b) are unconstitutional.

He has filed an unopposed motion for summary disposition and a letter brief correctly conceding 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). Gonzalez-Holguin states that he 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), Gonzalez-Holguin’s motion is GRANTED, and the district court’s judgment is AFFIRMED.