Case: 24-50288 Document: 44-1 Page: 1 Date Filed: 12/03/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50288 Summary Calendar FILED ____________ December 3, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Ivan Munoz-Favela, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:23-CR-1271-1 ______________________________ Before Haynes, Higginson, and Douglas, Circuit Judges.

Per Curiam: * Ivan Munoz-Favela appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes this argument is foreclosed by Almendarez-Torres v. United States,

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50288 Document: 44-1 Page: 2 Date Filed: 12/03/2024

No. 24-50288

523 U.S. 224 (1998), and has filed an unopposed motion for summary disposition.

Because the argument is foreclosed, see United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019), summary disposition is appropriate, see Groendyke Transp. Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.