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 _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

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.