Case: 24-50570 Document: 43-1 Page: 1 Date Filed: 03/11/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50570 Summary Calendar FILED ____________ March 11, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Eblin Omar Ardon-Amaya, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:23-CR-2801-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: * Eblin Ardon-Amaya appeals following his conviction of illegal reentry in violation of 8 U.S.C. § 1326, contending for the first time on appeal that the sentencing enhancement in § 1326(b) is unconstitutional. The govern- ment moves for summary affirmance or, alternatively, for an extension of time to file its brief. Ardon-Amaya takes no position on the motion but con- cedes that his argument is foreclosed by Almendarez-Torres v. United States, _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50570 Document: 43-1 Page: 2 Date Filed: 03/11/2025

No. 24-50570

523 U.S. 224 (1998).

The argument is foreclosed. See United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019); see also Erlinger v. United States, 602 U.S. 821, 838 (2024) (explaining that Almendarez-Torres “persists as a narrow exception permitting judges to find only the fact of a prior conviction” (internal quota- tion marks and citation omitted)). Therefore, summary affirmance is appro- priate. 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 is AFFIRMED.