United States v. Castellanos-Haro

Case: 22-50717 Document: 00516607426 Page: 1 Date Filed: 01/11/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 22-50717

Summary Calendar FILED ____________ January 11, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Jorge Castellanos-Haro,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-141-1 ______________________________

Before King, Higginson, and Willett, Circuit Judges.

Per Curiam: *

Jorge Castellanos-Haro appeals his conviction and sentence for reentry after deportation under 8 U.S.C. § 1326(a) and (b)(1). He argues that treating a prior felony conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, as opposed to a separate element of the offense itself, violates the Constitution. He has filed an unopposed motion for summary disposition and a letter brief conceding, correctly, that this issue Case: 22-50717 Document: 00516607426 Page: 2 Date Filed: 01/11/2023

No. 22-50717 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). Castellanos-Haro states that he has raised 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), Castellanos-Haro’s motion is GRANTED, and the district court’s judgment is AFFIRMED.