Case: 22-10980 Document: 00516856948 Page: 1 Date Filed: 08/14/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-10980 FILED August 14, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Roberto Alaniz-Pimentel, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 7:22-CR-22-1 ______________________________ Before Willett, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Roberto Alaniz-Pimentel appeals his sentence for illegal reentry into the United States after having been removed, in violation of 8 U.S.C. § 1326(a) and (b)(2). He 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 _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 22-10980 Document: 00516856948 Page: 2 Date Filed: 08/14/2023

No. 22-10980

that was not alleged in the indictment. However, he correctly concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and explains that he raises this issue to preserve it for further review. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). The Government has moved without opposition for summary affirmance, or, alternatively, for an extension of time to file a brief.

Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.