Case: 22-50631 Document: 00516630362 Page: 1 Date Filed: 01/31/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50631 Summary Calendar FILED ____________ January 31, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jose Angel Morquecho-Sanchez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-79-1 ______________________________ Before Smith, Southwick, and Douglas, Circuit Judges.

Per Curiam: * Jose Morquecho-Sanchez appeals his conviction and sentence for ille- gal reentry after removal. He maintains that his sentence exceeds the statu- tory maximum because the enhanced penalty provisions of 8 U.S.C. § 1326(b) are unconstitutional. He has filed an unopposed motion for sum- mary disposition and a letter brief conceding correctly that this issue is fore- _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50631 Document: 00516630362 Page: 2 Date Filed: 01/31/2023

No. 22-50631

closed 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). Morquecho-Sanchez 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), the motion is GRANTED, and the judgment is AFFIRMED.