United States v. Canales-Velasquez

Case: 24-10991 Document: 45-1 Page: 1 Date Filed: 08/27/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 24-10991

Summary Calendar FILED ____________ August 27, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Gilberto Rolando Canales-Velasquez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CR-103-1 ______________________________

Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam: *

Gilberto Rolando Canales-Velasquez appeals following his guilty plea 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 an unopposed Case: 24-10991 Document: 45-1 Page: 2 Date Filed: 08/27/2025

No. 24-10991 motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

The parties are correct that Canales-Velasquez’s 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 Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time is DENIED as unnecessary, and the judgment of the district court is AFFIRMED.