Case: 24-10272 Document: 51-1 Page: 1 Date Filed: 10/31/2024

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED October 31, 2024 No. 24-10272 Lyle W. Cayce Summary Calendar Clerk ____________ United States of America, Plaintiff—Appellee, versus Wilmer Yonathan Doblado-Padilla, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:23-CR-285-1 ______________________________ Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam: * Wilmer Yonathan Doblado-Padilla appeals the sentence imposed following his guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326. He challenges the application of the enhanced penalty range in § 1326(b) as unconstitutional because it permits a defendant to be sentenced above the statutory maximum of § 1326(a) based on a prior conviction that _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10272 Document: 51-1 Page: 2 Date Filed: 10/31/2024

No. 24-10272

was not alleged in the indictment or found by a jury beyond a reasonable doubt.

As Doblado-Padilla correctly concedes, this issue 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 raises this issue to preserve it for further review. The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time to file a brief.

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.