United States v. Corona-Lopez

Case: 23-50195 Document: 00516891816 Page: 1 Date Filed: 09/12/2023

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-50195

Summary Calendar FILED ____________ September 12, 2023 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Victor Manuel Corona-Lopez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 3:22-CR-1671-1 ______________________________

Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam: *

Victor Corona-Lopez appeals his conviction and sentence for illegal reentry under 8 U.S.C. § 1326(a) and (b)(1). Corona-Lopez contends that treating a prior felony conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, rather than a separate element of the offense, is unconstitutional. He has filed an unopposed motion for summary disposi- tion and a letter brief conceding, correctly, that this issue is foreclosed by Case: 23-50195 Document: 00516891816 Page: 2 Date Filed: 09/12/2023

No. 23-50195

Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019). Corona-Lopez asserts that he has raised the issue only to preserve it for possible further review.

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