United States v. Cejudo-Mancinas

Case: 22-50468 Document: 00516603094 Page: 1 Date Filed: 01/09/2023

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals Fifth Circuit No. 22-50468

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

Jose Manuel Cejudo-Mancinas,

Defendant—Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-11-1

Before Jones, Stewart, and Oldham, Circuit Judges.

Per Curiam:*

Jose Manuel Cejudo-Mancinas appeals the 30-month sentence and three-year term of supervised release imposed after his guilty plea conviction for illegal reentry after having previously been deported, pursuant to 8 U.S.C. § 1326(a) and (b)(2). Cejudo-Mancinas contends that it violates the Case: 22-50468 Document: 00516603094 Page: 2 Date Filed: 01/09/2023

No. 22-50468

Constitution to treat a prior conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, rather than as an element of the offense. He concedes that this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to preserve the issue for future review. In addition, he has filed an unopposed motion for summary disposition.

As Cejudo-Mancinas concedes, the sole issue raised on appeal is foreclosed by Almendarez-Torres. 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). Because his position “is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), summary disposition is proper. Accordingly, Cejudo-Mancinas’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.