Case: 23-50817 Document: 50-1 Page: 1 Date Filed: 05/08/2024

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50817 Summary Calendar FILED ____________ May 8, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Selvin Danilo Chocooj-Botzoc, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:22-CR-957-1 ______________________________ Before Elrod, Oldham, and Wilson, Circuit Judges.

Per Curiam: * Selvin Danilo Chocooj-Botzoc appeals his sentence for illegal reentry into the United States after having been removed, in violation of 8 U.S.C. § 1326(a) and (b). He contends that § 1326(b) is unconstitutional because it allows a sentence above the otherwise applicable statutory maximum based on facts that are neither alleged in the indictment nor found by a jury beyond _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 23-50817 Document: 50-1 Page: 2 Date Filed: 05/08/2024

No. 23-50817

a reasonable doubt. Chocooj-Botzoc moves for summary disposition, correctly conceding that his challenge to § 1326(b) is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), and explaining that he merely seeks to preserve the issue for further review. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019).

Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Chocooj-Botzoc’s motion is GRANTED, and the judgment of the district court is AFFIRMED.