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

United States Court of Appeals for the Fifth Circuit ____________ 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 ______________________________ 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

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

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.