Case: 22-50738 Document: 00516611609 Page: 1 Date Filed: 01/16/2023

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 22-50738 consolidated with FILED No. 22-50739 January 16, 2023 Summary Calendar Lyle W. Cayce _____________ Clerk

United States of America, Plaintiff—Appellee, versus Jaime Tomas-Antonio, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:22-CR-125-1, 4:21-CR-345-1 ______________________________ Before Smith, Southwick, and Douglas, Circuit Judges.

Per Curiam: * Jaime Tomas-Antonio appeals his conviction and sentence for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(1), as well as the judgment revoking his term of supervised release for a prior offense. He has not _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50738 Document: 00516611609 Page: 2 Date Filed: 01/16/2023

No. 22-50738 c/w No. 22-50739 briefed, and has therefore abandoned, any challenge to the revocation of supervised release or his revocation sentence. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

For the first time on appeal, Tomas-Antonio contends that § 1326(b) is unconstitutional because it allows for a sentence above the otherwise applicable statutory maximum based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. He has filed an unopposed motion for summary disposition and a letter brief explaining that he raises this issue only to preserve it for further review and conceding correctly that it 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).

Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Tomas-Antonio’s motion is GRANTED, and the district court’s judgments are AFFIRMED.