Case: 24-11030 Document: 45-1 Page: 1 Date Filed: 05/21/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-11030 Summary Calendar FILED ____________ May 21, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Meliton Olvera-Gamez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-130-1 ______________________________ Before King, Southwick, and Engelhardt, Circuit Judges.

Per Curiam: * Meliton Olvera-Gamez appeals following his guilty plea conviction for illegal reentry into the United States after deportation. He argues on appeal that the enhanced sentencing range in 8 U.S.C. § 1326(b) is unconstitutional.

He concedes that the issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he wishes to preserve it for further review.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-11030 Document: 45-1 Page: 2 Date Filed: 05/21/2025

No. 24-11030

The Government has filed an unopposed motion for summary affirmance, agreeing that the issue is foreclosed by Almendarez-Torres. Alternatively, the Government requests an extension of time to file its brief.

As he concedes, Olvera-Gamez’s sole appellate argument is foreclosed by Almendarez-Torres. 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)). Because the Government’s position “is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” 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, and the judgment of the district court is AFFIRMED.