Case: 22-50897 Document: 00516814386 Page: 1 Date Filed: 07/10/2023

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 22-50897 consolidated with FILED No. 22-50898 July 10, 2023 Summary Calendar Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Iker Fabricio Mendez-Alfaro, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:19-CR-642-4, 4:22-CR-243-1 ______________________________ Before Davis, Haynes, and Ho, Circuit Judges.

Per Curiam: * Iker Fabricio Mendez-Alfaro appeals his conviction and sentence for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2) as well as the judgment revoking his supervised release for a prior offense. He has not briefed, and has therefore abandoned, any challenge to the revocation of _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-50897 Document: 00516814386 Page: 2 Date Filed: 07/10/2023

22-50897 c/w No. 22-50898 supervised release or to the revocation sentence. See United States v. Reagan, 596 F.3d 251, 254-55 (5th Cir. 2010).

Mendez-Alfaro contends that the enhancement of his illegal-reentry sentence pursuant to § 1326(b) is unconstitutional because the fact of a prior conviction was not charged and proved beyond a reasonable doubt. He has filed a letter brief and an unopposed motion for summary affirmance in which, explaining that he seeks to preserve the issue for further review, he concedes this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). Because Mendez-Alfaro is correct that his argument his foreclosed, see United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019), summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

For these reasons, Mendez-Alfaro’s motion is GRANTED, and the judgments of the district court are AFFIRMED.