Case: 24-50952 Document: 45-1 Page: 1 Date Filed: 06/11/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 24-50952 Summary Calendar FILED ____________ June 11, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Ernesto Ismael Mena Bonilla, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:24-CR-1248-1 ______________________________ Before Wiener, Ho, and Ramirez, Circuit Judges.

Per Curiam: * Ernesto Ismael Mena Bonilla appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and the Government has filed a motion for summary affirmance _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-50952 Document: 45-1 Page: 2 Date Filed: 06/11/2025

No. 24-50952

or, alternatively, for an extension of time in which to file a brief. Mena Bonilla takes no position on the motion.

The parties are correct that 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)). Summary affirmance is therefore 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.