Case: 22-50789 Document: 00516768497 Page: 1 Date Filed: 05/30/2023

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 22-50789 consolidated with FILED No. 22-50816 May 30, 2023 Summary Calendar Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Manuel Ramon Macias-Ramirez, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:22-CR-217-1, 4:22-CR-530-1 ______________________________ Before Davis, Smith, and Douglas, Circuit Judges.

Per Curiam: * Manuel Ramon Macias-Ramirez appeals his conviction and sentence for illegal reentry into the United States under 8 U.S.C. § 1326(a) and (b)(1).

He also appeals the district court’s order revoking the term of supervised release he was serving at the time of the offense. Because his appellate brief _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50789 Document: 00516768497 Page: 2 Date Filed: 05/30/2023

22-50789 c/w No. 22-50816 does not address the revocation or revocation sentence, he has abandoned any challenge to that order. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

For the first time on appeal, Macias-Ramirez argues that his sentence exceeds the statutory maximum and is therefore unconstitutional because the district court enhanced his sentence under § 1326(b) based on the fact of a prior conviction that was not alleged in the indictment or found by a jury beyond a reasonable doubt. He raises the issue to preserve it for further review and has filed an unopposed motion for summary disposition, correctly conceding that the 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).

Because his argument is foreclosed, summary disposition is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, Macias-Ramirez’s motion for summary disposition is GRANTED, and the district court’s judgments are AFFIRMED.