United States v. Palacios-De Paz

Case: 24-50212 Document: 40-1 Page: 1 Date Filed: 02/10/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-50212

Summary Calendar FILED ____________ February 10, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Raul Palacios-De Paz,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:23-CR-202-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges.

Per Curiam: *

Raul Palacios-De Paz appeals his sentence of 30 months of imprisonment and three years of supervised release for illegally reentering the United States after removal, in violation of 8 U.S.C. § 1326(a) and (b). He argues that § 1326(b) is unconstitutional because it allows a sentence above the otherwise applicable two-year statutory maximum term of Case: 24-50212 Document: 40-1 Page: 2 Date Filed: 02/10/2025

No. 24-50212 imprisonment in § 1326(a) based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. However, he correctly concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and he raises it merely to preserve it for further review. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). Palacios-De Paz has moved, without opposition, for summary disposition.

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