Case: 25-10348 Document: 51-1 Page: 1 Date Filed: 10/06/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-10348 October 6, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Epifanio Leos-Morales, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-268-1 ______________________________ Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Epifanio Leos-Morales appeals his conviction and 55-month sentence for illegal reentry after deportation, see 8 U.S.C. § 1326(a), (b)(2), contending that the statutory sentencing enhancement in § 1326(b) is unconstitutional.

He concedes that his only argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Government moves unopposed for _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10348 Document: 51-1 Page: 2 Date Filed: 10/06/2025

No. 25-10348

summary affirmance or, alternatively, for an extension of time in which to file a merits brief.

The parties are correct that Leos-Morales’s argument is foreclosed.

See United States v. Pervis, 937 F.3d 546, 55354 (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 . . . the fact of a prior conviction” (citation modified)). 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. The judgment is AFFIRMED.