Case: 23-50485 Document: 00517065028 Page: 1 Date Filed: 02/15/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50485 Summary Calendar FILED ____________ February 15, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Carlos Enrique Navarro-Trevino, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:23-CR-105-1 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges.

Per Curiam: * Carlos Enrique Navarro-Trevino appeals following his conviction for illegally reentering the United States after removal. He argues that the statutory sentencing enhancement in 8 U.S.C. § 1326(b) is unconstitutional.

Navarro-Trevino has filed an unopposed motion for summary disposition, correctly conceding that the only issue he raises is foreclosed by Almendarez- _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50485 Document: 00517065028 Page: 2 Date Filed: 02/15/2024

No. 23-50485

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), Navarro-Trevino’s motion is GRANTED and the district court’s judgment is AFFIRMED.