Case: 22-50369 Document: 00516647925 Page: 1 Date Filed: 02/16/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-50369 FILED February 16, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Geovanni Gonzalez-Solano, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-1035-1 ______________________________ Before King, Higginson, and Willett, Circuit Judges.

Per Curiam: * Geovanni Gonzalez-Solano appeals his conviction and sentence for illegal reentry after removal under 8 U.S.C. §§ 1326(a) and (b)(1). For the first time on appeal, Gonzalez-Solano argues that § 1326(b) is unconstitutional because it permits a defendant to be sentenced above the statutory maximum under § 1326(a) based on the fact of a prior conviction that was not alleged in the indictment or found by a jury beyond a reasonable _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50369 Document: 00516647925 Page: 2 Date Filed: 02/16/2023

No. 22-50369

doubt. He has filed an unopposed motion for summary disposition and a letter brief correctly conceding that this issue 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). Gonzalez-Solano states that he has raised the issue only to preserve it for possible further review. Because summary disposition is appropriate under these circumstances, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Gonzalez-Solano’s motion is GRANTED, and the district court’s judgment is AFFIRMED.