Case: 24-50082 Document: 49-1 Page: 1 Date Filed: 10/08/2024

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 24-50082 consolidated with FILED Nos. 24-50086, 24-50087 October 8, 2024 _____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Ezequiel Castelan-Granados, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC Nos. 2:21-CR-2104-1, 2:21-CR-2224-1, 2:21-CR-2232-1 ______________________________ Before Haynes, Higginson, and Douglas, Circuit Judges.

Per Curiam: * Ezequiel Castelan-Granados appeals his sentence of 67 months of imprisonment and three years of supervised release for illegally reentering the United States after removal, in violation of 8 U.S.C. § 1326(a) and (b).

He argues that § 1326(b) is unconstitutional because it allows a sentence _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50082 Document: 49-1 Page: 2 Date Filed: 10/08/2024

No. 24-50082 c/w Nos. 24-50086, 24-50087 above the otherwise applicable two-year statutory maximum term of imprisonment in § 1326(a) based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. He also argues that his three-year term of supervised release is unconstitutional for the same reasons, as it exceeds the one-year maximum that would apply under § 1326(a) and 18 U.S.C. §§ 3559 and 3583. However, he correctly concedes that his arguments are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and he raises them merely to preserve them for further review. See United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019).

Castelan-Granados has moved, without opposition, for summary disposition.

Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Castelan-Granados’s unopposed motion for summary disposition is GRANTED and the district court’s judgment is AFFIRMED.