Case: 22-50713 Document: 00516608273 Page: 1 Date Filed: 01/12/2023

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 22-50713 consolidated with FILED No. 22-50715 January 12, 2023 Summary Calendar Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Andres Ajualip-Pablo, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:22-CR-147-1; 4:22-CR-181-1 ______________________________ Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam: * Andres Ajualip-Pablo appeals his sentence of 27 months of imprisonment and three years of supervised release imposed following his guilty plea conviction for illegal reentry after removal, as well as the revocation of the term of supervised release he was serving at the time of the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50713 Document: 00516608273 Page: 2 Date Filed: 01/12/2023 No. 22-50713 c/w No. 22-50715 offense. Regarding the illegal reentry sentence, he argues that 8 U.S.C. § 1326(b) is unconstitutional because it allows a sentence above the otherwise applicable statutory maximum of two years of imprisonment and one year of supervised release based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. Because Ajualip-Pablo does not address the revocation or the revocation sentence, he has abandoned any challenge to them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

Ajualip-Pablo has filed an unopposed motion for summary disposition and a letter brief correctly conceding that the only issue he raises 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). He explains that he has raised the issue to preserve it for possible further review. Accordingly, because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Ajualip-Pablo’s motion is GRANTED, and the district court’s judgments are AFFIRMED.