Case: 23-50686 Document: 51-1 Page: 1 Date Filed: 03/12/2024

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals No. 23-50686 Fifth Circuit

consolidated with FILED No. 23-50689 March 12, 2024 Summary Calendar Lyle W. Cayce _____________ Clerk United States of America, Plaintiff—Appellee, versus Felipe Matias-Miguel, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:23-CR-178-1, 4:22-CR-229-1 ______________________________ Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam:* Felipe Matias-Miguel appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a) as well as the revocation of a previously imposed term of supervised release, arguing for the first time on _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50686 Document: 51-1 Page: 2 Date Filed: 03/12/2024

23-50686 c/w No. 23-50689 appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes this argument is foreclosed by Almendarez- 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).

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