Case: 23-50339 Document: 00517021494 Page: 1 Date Filed: 01/04/2024

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 23-50339 consolidated with FILED No. 23-50365 January 4, 2024 Summary Calendar Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Margarito Cruz-Ramirez, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 2:21-CR-1116-1, 2:21-CR-635-1 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam: * Margarito Cruz-Ramirez appeals his conviction and sentence for illegal reentry after removal, as well as the order revoking the term of supervised release he was serving at the time of the offense. Regarding the illegal reentry offense, he argues that 8 U.S.C. § 1326(b) is unconstitutional _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50339 Document: 00517021494 Page: 2 Date Filed: 01/04/2024 No. 23-50339 c/w No. 23-50365 because it allows a sentence above the otherwise applicable statutory maximum established by § 1326(a) based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. Because Cruz- Ramirez does not address the revocation or the revocation sentence, he has abandoned any challenge to them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

Cruz-Ramirez 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 explains that he has raised the issue to preserve it for possible further review. Accordingly, because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Cruz-Ramirez’s motion is GRANTED, and the district court’s judgments are AFFIRMED.