Case: 23-50680 Document: 00517050080 Page: 1 Date Filed: 01/30/2024

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 23-50680 consolidated with FILED No. 23-50683 January 30, 2024 Summary Calendar Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Silvano Marroquin-Bravo, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:23-CR-164-1, 4:23-CR-184-1 ______________________________ Before Davis, Ho, and Ramirez, Circuit Judges.

Per Curiam: * Silvano Marroquin-Bravo appeals his conviction and sentence for illegal reentry after removal in violation of 8 U.S.C. § 1326(a) and (b)(2), as well as the revocation of the term of supervised release he was serving at the _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50680 Document: 00517050080 Page: 2 Date Filed: 01/30/2024

No. 23-50680 c/w No. 23-50683 time of the offense. He argues that § 1326(b) is unconstitutional 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 Marroquin-Bravo 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).

He 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), Marroquin-Bravo’s motion is GRANTED, and the district court’s judgments are AFFIRMED.