United States v. Zamora-Rios

Case: 25-10500 Document: 41-1 Page: 1 Date Filed: 09/09/2025

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

Fifth Circuit ____________ FILED

September 9, 2025

No. 25-10500

Lyle W. Cayce

Summary Calendar

Clerk

____________

United States of America,

Plaintiff—Appellee, versus

Sergio Zamora-Rios,

Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 5:24-CR-107-1

______________________________

Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam:*

Sergio Zamora-Rios 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 Supreme Court precedent forecloses his argument. See Almendarez-Torres v. United States, 523 U.S. 224 (1998). And the Government has filed an unopposed Case: 25-10500 Document: 41-1 Page: 2 Date Filed: 09/09/2025

No. 25-10500 motion for summary affirmance or, alternatively, for an extension of time to file a brief.

As Zamora-Rios concedes, Almendarez-Torres forecloses his argument. See, e.g., 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) (“[Almendarez-Torres] persists as a ‘narrow exception’ permitting judges to find only ‘the fact of a prior conviction.’”) (quotation omitted). Summary affirmance is thus 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 alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.