Case: 24-50507 Document: 38-1 Page: 1 Date Filed: 01/07/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50507 Summary Calendar FILED ____________ January 7, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Rafael Reyes-Calvario, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:23-CR-2439-1 ______________________________ Before Wiener, Ho, and Ramirez, Circuit Judges.

Per Curiam: * Defendant-Appellant Rafael Reyes-Calvario appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and the government has filed an unopposed _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50507 Document: 38-1 Page: 2 Date Filed: 01/07/2025

No. 24-50507

motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

Because the argument is foreclosed, see United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019), summary affirmance is appropriate, see Groendyke Transp. Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.