United States v. Mejia-Turquiz

Case: 22-50906 Document: 00516684180 Page: 1 Date Filed: 03/21/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-50906 March 21, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Micaela Elizabeth Mejia-Turquiz,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-353-1 ______________________________

Before Stewart, Dennis, and Willett, Circuit Judges.

Per Curiam: *

Micaela Elizabeth Mejia-Turquiz appeals her conviction and sentence under 8 U.S.C. § 1326 for illegal entry into the United States after deportation. She argues that the recidivism enhancement in § 1326(b) is unconstitutional because it permits a sentence above the otherwise- applicable statutory maximum established by § 1326(a), based on facts that Case: 22-50906 Document: 00516684180 Page: 2 Date Filed: 03/21/2023

No. 22-50906 are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. Mejia-Turquiz has filed an unopposed motion for summary disposition acknowledging that this argument is foreclosed by Almendarez- Torres v. United States, 523 U.S. 224 (1998), but she seeks to preserve it for possible Supreme Court review.

This court has held that subsequent Supreme Court decisions such as Alleyne v. United States, 570 U.S. 99 (2013), and Apprendi v. New Jersey, 530 U.S. 466 (2000), did not overrule Almendarez-Torres. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). Thus, Mejia-Turquiz is correct that her argument is foreclosed, and summary disposition is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Mejia-Turquiz’s motion is GRANTED, and the district court’s judgment is AFFIRMED.