United States v. Salazar-Ramirez

Case: 23-10140 Document: 00516903186 Page: 1 Date Filed: 09/21/2023

United States Court of Appeals for the Fifth Circuit _____________

United States Court of Appeals Fifth Circuit No. 23-10140 consolidated with FILED No. 23-10146 September 21, 2023 _____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Santiago Salazar-Ramirez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC Nos. 3:22-CR-230-1,

3:22-CR-117-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam: *

Santiago Salazar-Ramirez appeals his sentence for illegal reentry into the United States after being removed, in violation of 8 U.S.C. § 1326(a), (b)(1). He argues that because the indictment did not allege, and he did not admit as part of his guilty plea, that he sustained a qualifying conviction prior Case: 23-10140 Document: 00516903186 Page: 2 Date Filed: 09/21/2023

23-10140 c/w No. 23-10146 to his removal, the district court erred by imposing a term of supervised release that exceeded one year. However, he concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and he raises this issue merely to preserve it for further review. The Government has moved, without opposition, for summary affirmance, or in the alternative, for an extension of time to file a brief on the merits.

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.