Case: 23-50793 Document: 52-1 Page: 1 Date Filed: 04/17/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50793 consolidated with FILED 23-50804 April 17, 2024 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Cristobal Castillo-Velasquez, Defendant—Appellant, ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 2:21-CR-989-1, 2:21-CR-1153-1 ______________________________ Before Jones, Southwick, and Ho, Circuit Judges.

Per Curiam: * Cristobal Castillo-Velasquez appeals his conviction and sentence for illegal reentry into the United States in violation of 8 U.S.C. § 1326 as well as the judgment revoking his term of supervised release for a prior offense. The

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

Case: 23-50793 Document: 52-1 Page: 2 Date Filed: 04/17/2024

23-50793 c/w No. 23-50804 latter challenge is unbriefed and thus abandoned. See United States v. Reagan, 596 F.3d 251, 254-55 (5th Cir. 2010).

On appeal, Castillo-Velasquez contends that the recidivism enhancement in § 1326(b) is unconstitutional because it permits 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. Although Castillo-Velasquez acknowledges that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), he nevertheless seeks to preserve it for possible Supreme Court review and has filed an unopposed motion for summary disposition.

Because Castillo-Velasquez is correct that his 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, Castillo-Velasquez’s motion is GRANTED, and the district court’s judgments are AFFIRMED.