Case: 22-50271 Document: 00516429942 Page: 1 Date Filed: 08/12/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 12, 2022 No. 22-50271 Lyle W. Cayce Summary Calendar Clerk

United States of America, Plaintiff—Appellee, versus Marcos Sanchez-Vargas, Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-986-1

Before Smith, Dennis, and Southwick, Circuit Judges.

Per Curiam:* Marcos Sanchez-Vargas was convicted and sentenced for illegal reentry after removal under 8 U.S.C. §§ 1326(a) and (b)(1). Though he now argues for the first time that Section 1326(b) is unconstitutional, he has filed an unopposed motion for summary affirmance. His letter brief explains that

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 22-50271 Document: 00516429942 Page: 2 Date Filed: 08/12/2022

No. 22-50271

he raises the issue to preserve it and correctly concedes his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 226 (1998).

See, e.g., United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019).

Summary disposition is therefore appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

The unopposed motion for summary affirmance is GRANTED. The district court’s judgment is AFFIRMED.