United States v. Jarquin-Hernandez

Case: 22-50501 Document: 00516602404 Page: 1 Date Filed: 01/09/2023

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 22-50501

Summary Calendar FILED ____________ January 9, 2023

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Aaron Jocet Jarquin-Hernandez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-7-1

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Before Jones, Stewart, and Oldham, Circuit Judges.

Per Curiam: *

Aaron Jocet Jarquin-Hernandez appeals his conviction and sentence for illegal reentry after deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). He challenges the constitutionality of § 1326(b), which increases the maximum punishment based on a prior felony or aggravated felony conviction. Jarquin-Hernandez concedes that his argument is foreclosed and Case: 22-50501 Document: 00516602404 Page: 2 Date Filed: 01/09/2023

No. 22-50501 indicates he wishes to preserve it for further review. In addition, he has filed an unopposed motion for summary disposition.

Jarquin-Hernandez is correct that the sole issue raised on appeal 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); United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014). Summary disposition is therefore appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, Jarquin-Hernandez’s motion for summary disposition is GRANTED, and the district court’s judgment is AFFIRMED.