Case: 25-50213 Document: 43-1 Page: 1 Date Filed: 10/16/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50213 Summary Calendar FILED ____________ October 16, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jorge Martinez-Munoz, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-2656-1 ______________________________ Before Smith, Higginson, and Wilson, Circuit Judges.

Per Curiam: * Jorge Martinez-Munoz appeals the sentence imposed following his guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326.

Martinez-Munoz challenges the enhanced penalty range in § 1326(b) as unconstitutional because it permits a defendant to be sentenced above the statutory maximum of § 1326(a) based on a prior conviction that was not _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50213 Document: 43-1 Page: 2 Date Filed: 10/16/2025

No. 25-50213

alleged in the indictment or found by a jury beyond a reasonable doubt. As he correctly concedes, this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). 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.” (internal quotation marks and citation omitted)). He states that he raises this issue solely to preserve it for further review. The Government has filed a motion for summary affirmance or, alternatively, for an extension of time to file a responsive brief.

Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED. The Government’s alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.