United States v. Robledo

Case: 23-50909 Document: 46-1 Page: 1 Date Filed: 05/06/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-50909 May 6, 2024 Summary Calendar

Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Edgar Cruz Robledo,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 3:23-CR-1183-1 ______________________________

Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam:*

Edgar Cruz Robledo appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes this argument is foreclosed by Almendarez-Torres v. United Case: 23-50909 Document: 46-1 Page: 2 Date Filed: 05/06/2024

No. 23-50909

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 judgment of the district court is AFFIRMED.