Case: 24-10977 Document: 44-2 Page: 1 Date Filed: 04/02/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-10977 Summary Calendar FILED ____________ April 2, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Santos Isabel Huete-Torres, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-146-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges.

Per Curiam: * Santos Isabel Huete-Torres appeals his sentence for illegal reentry under 8 U.S.C. § 1326(a) and (b)(2), arguing for the first time on appeal that the enhancement of his sentence under § 1326(b) is unconstitutional because it is based on facts not alleged in the indictment and either admitted or proved beyond a reasonable doubt. He concedes this argument is foreclosed by _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-10977 Document: 44-2 Page: 2 Date Filed: 04/02/2025

No. 24-10977

Almendarez-Torres v. United States, 523 U.S. 224 (1998), but seeks to preserve it for further review. The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

Because Huete-Torres is correct that his 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 quotation marks and citation omitted)), summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.