United States v. Meraz-Ramirez

Case: 24-10913 Document: 51-1 Page: 1 Date Filed: 06/24/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-10913

Summary Calendar FILED ____________ June 24, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Jesus Meraz-Ramirez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-128-1 ______________________________

Before Davis, Smith, and Higginson, Circuit Judges.

Per Curiam: *

Jesus Meraz-Ramirez appeals his 30-month sentence for illegal reentry following deportation in violation of 8 U.S.C. § 1326(a), arguing that the statutory sentencing enhancement in § 1326(b) is unconstitutional. Meraz-Ramirez concedes that this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to preserve the issue for Case: 24-10913 Document: 51-1 Page: 2 Date Filed: 06/24/2025

No. 24-10913 possible Supreme Court review. The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a merits brief.

The parties are correct that Meraz-Ramirez’s argument is clearly foreclosed by Almendarez-Torres and that summary affirmance is appropriate. 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)); see generally Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the Government’s motion for summary affirmance is GRANTED. The Government’s alternative motion for an extension of time is DENIED. The judgment is AFFIRMED.