Case: 22-50885 Document: 00516698625 Page: 1 Date Filed: 04/03/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50885 consolidated with FILED No. 22-50886 April 3, 2023 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Marcelino Mendoza-Najera, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC No. 4:22-CR-251-1 USDC No. 4:22-CR-291-1 ______________________________ Before Jones, Haynes, and Oldham, Circuit Judges.

Per Curiam: * Marcelino Mendoza-Najera appeals his sentence for illegal reentry under 8 U.S.C. § 1326(a) and (b)(1), as well as the judgment revoking a term of supervised release he was serving for a prior offense. He has not briefed, _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50885 Document: 00516698625 Page: 2 Date Filed: 04/03/2023

No. 22-50885 c/w No. 22-50886 and has thus abandoned, any challenge to the revocation of supervised release or to his revocation sentence. United States v. Reagan, 596 F.3d 251, 254-55 (5th Cir. 2010).

In his sole issue on appeal, Mendoza-Najera argues that § 1326(b) is unconstitutional because it permits 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 has raised this issue only to preserve it for further review and conceding correctly 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), Mendoza-Najera’s motion is GRANTED, and the district court’s judgments are AFFIRMED.