Case: 23-50169 Document: 00516836497 Page: 1 Date Filed: 07/27/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-50169 July 27, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jean Paol Leal-Camacho, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:22-CR-1570-1 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam: * Jean Leal-Camacho appeals his conviction and sentence for illegal re- entry after removal in violation of 8 U.S.C. § 1326(a) and (b)(1). In his sole issue on appeal, Leal-Camacho contends that § 1326(b) is unconstitutional because it permits a sentence above the otherwise-applicable statutory maxi- mum based on facts that were neither alleged in the indictment nor found by

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50169 Document: 00516836497 Page: 2 Date Filed: 07/27/2023

No. 23-50169

a jury beyond a reasonable doubt.

Leal-Camacho files 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 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 summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Leal-Camacho’s motion is GRANTED, and the judgment is AFFIRMED.