Case: 24-50824 Document: 40-1 Page: 1 Date Filed: 04/08/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50824 Summary Calendar FILED ____________ April 8, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Omar Roman-Castorena, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:24-CR-1345-1 ______________________________ Before Elrod, Chief Judge, Haynes, and Duncan, Circuit Judges.

Per Curiam: * Omar Roman-Castorena appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326, arguing for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional.

The Government moves for summary affirmance or, alternatively, for an extension of time in which to file a brief. Roman-Castorena takes no position _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50824 Document: 40-1 Page: 2 Date Filed: 04/08/2025

No. 24-50824

on the motion but concedes that his argument is foreclosed by Almendarez- Torres v. United States, 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 quotation marks and citation omitted)). Therefore, 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.