United States v. Nunez-Ugarte

Case: 24-50080 Document: 52-1 Page: 1 Date Filed: 07/18/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-50080

Summary Calendar FILED ____________ July 18, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Genaro Alberto Nunez Ugarte,

Defendant—Appellant, consolidated with _____________

No. 24-50081 _____________

United States of America,

Plaintiff -Appellee, versus

Genaro Alberto Nunez-Ugarte,

Defendant -Appellant. Case: 24-50080 Document: 52-1 Page: 2 Date Filed: 07/18/2024

______________________________

Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:23-CR-350-1, 4:20-CR-338-1 ______________________________

Before Davis, Southwick, and Higginson, Circuit Judges.

Per Curiam: *

Genaro Alberto Nunez Ugarte appeals from his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), as well as from the revocation of a previously imposed term of supervised release. Nunez Ugarte contends for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and has filed an unopposed motion for summary disposition.

Because the claim is foreclosed, see United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019), summary disposition is warranted, see Groendyke Transp. Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Thus, the motion for summary disposition is GRANTED, and the judgments of the district court are AFFIRMED.