United States v. Reyes-Lopez

Case: 24-11095 Document: 50-1 Page: 1 Date Filed: 06/12/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________

FILED June 12, 2025 No. 24-11095

Summary Calendar Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Rolando Reyes-Lopez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 6:24-CR-22-1 ______________________________

Before Richman, Douglas, and Ramirez, Circuit Judges.

Per Curiam:*

Rolando Reyes-Lopez appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), challenging for the first time on appeal the application of the statutory sentencing enhancement in § 1326(b). He concedes his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and the Government has filed an unopposed Case: 24-11095 Document: 50-1 Page: 2 Date Filed: 06/12/2025

No. 24-11095 motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

The parties are correct that the argument is foreclosed. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). 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.