Case: 22-50734 Document: 00516617465 Page: 1 Date Filed: 01/19/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50734 Summary Calendar FILED ____________ January 19, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jose Manuel Salazar-Hernandez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-173-1 ______________________________ Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam: * Jose Manuel Salazar-Hernandez appeals his conviction and sentence for reentry after deportation under 8 U.S.C. § 1326(a) and (b)(2). Salazar- Hernandez argues that treating a prior felony or aggravated felony conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, rather than a separate element of the offense, violates the Constitution. He _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50734 Document: 00516617465 Page: 2 Date Filed: 01/19/2023

No. 22-50734

has filed an unopposed motion for summary disposition and a letter brief explaining that he has raised the issue only to preserve it for further review and correctly conceding that his argument 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), Salazar-Hernandez’s motion is GRANTED, and the judgment of the district court is AFFIRMED.