Case: 23-50567 Document: 00517033629 Page: 1 Date Filed: 01/16/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50567 Summary Calendar FILED ____________ January 16, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Emmanuel Barraza-Ramirez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:23-CR-558-1 ______________________________ Before Davis, Ho, and Ramirez, Circuit Judges.

Per Curiam: * Emmanuel Barraza-Ramirez appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a). He contends for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that his claim is foreclosed by Almendarez-

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

Case: 23-50567 Document: 00517033629 Page: 2 Date Filed: 01/16/2024

No. 23-50567

Torres v. United States, 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). Thus, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.