Case: 24-50474 Document: 50-1 Page: 1 Date Filed: 01/15/2025

United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 24-50474 consolidated with FILED No. 24-50475 January 15, 2025 _____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Luis Alfredo Felix-Vargas, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC Nos. 3:23-CR-2462-1, 3:22-CR-1895-1 ______________________________ Before Graves, Willett, and Wilson, Circuit Judges.

Per Curiam: * Luis Alfredo Felix-Vargas appeals the sentence imposed following his guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326. On appeal, Felix-Vargas challenges the application of the enhanced penalty range in § 1326(b) as unconstitutional because it permits a defendant to be _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50474 Document: 50-1 Page: 2 Date Filed: 01/15/2025

No. 24-50474 c/w No. 24-50475 sentenced above the statutory maximum of § 1326(a) based on a prior conviction that was not alleged in the indictment or found by a jury beyond a reasonable doubt. He has not briefed any argument regarding the consolidated appeal from his supervised release revocation proceeding.

As he correctly concedes, this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). He raises this issue to preserve it for further review.

The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time to file a brief.

Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED AS MOOT, and the district court’s judgment is AFFIRMED.