United States v. Martinez-Saucedo

Case: 22-50728 Document: 00516603415 Page: 1 Date Filed: 01/09/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-50728

Summary Calendar FILED ____________ January 9, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Ignacio Martinez-Saucedo,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-127-1 ______________________________

Before Smith, Southwick, and Douglas, Circuit Judges.

Per Curiam: *

Ignacio Martinez-Saucedo appeals his conviction and sentence for illegal reentry after removal. Martinez-Saucedo avers that his sentence of months’ imprisonment and three years’ supervised release 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 sum- Case: 22-50728 Document: 00516603415 Page: 2 Date Filed: 01/09/2023

No. 22-50728 mary disposition and a letter brief conceding, correctly, that this issue is fore- closed 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). Martinez-Saucedo states that he raises 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), the motion is GRANTED, and the judgment is AFFIRMED.