Case: 22-51106 Document: 00516771472 Page: 1 Date Filed: 06/01/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-51106 Summary Calendar FILED ____________ June 1, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Romario Danilo Del Cid-Milla, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 5:22-CR-319-1 ______________________________ Before Stewart, Dennis, and Willett, Circuit Judges.

Per Curiam: * Romario Danilo Del Cid-Milla appeals his sentence for illegal reentry into the United States under 8 U.S.C. § 1326(a) and (b)(1). Del Cid-Milla argues that the recidivism enhancement in § 1326(b) is unconstitutional because it permits a sentence above the applicable maximum in § 1326(a), based on facts neither alleged in the indictment nor found by a jury beyond a _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-51106 Document: 00516771472 Page: 2 Date Filed: 06/01/2023

No. 22-51106

reasonable doubt. Del Cid-Milla acknowledges that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he nevertheless seeks to preserve it for possible Supreme Court review.

Accordingly, Del Cid-Milla has filed an unopposed motion for summary affirmance.

We have 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). As Del Cid-Milla concedes that his argument is foreclosed, summary disposition is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Del Cid-Milla’s motion is GRANTED, and the district court’s judgment is AFFIRMED.