United States v. Contreras-Torres

Case: 24-50162 Document: 40-1 Page: 1 Date Filed: 09/23/2024

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

No. 24-50162

FILED September 23, 2024 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Christian Guadalupe Contreras-Torres,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 4:23-CR-473-1 ______________________________

Before Graves, Willett, and Wilson, Circuit Judges.

Per Curiam: *

Christian Guadalupe Contreras-Torres appeals his conviction and sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a), (b)(1). For the first time on appeal, he argues that § 1326(b) is unconstitutional because it allows a court to impose a sentence above the otherwise applicable statutory maximum established by § 1326(a) based on Case: 24-50162 Document: 40-1 Page: 2 Date Filed: 09/23/2024

No. 24-50162 facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt.

He has filed an unopposed motion for summary disposition and a letter brief correctly conceding that the only issue he raises 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). He states that he has raised the issue to preserve it for possible Supreme Court review. Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th. Cir. 1969), Contreras-Torres’s motion is GRANTED, and the district court’s judgment is AFFIRMED.