United States v. Dominguez-Murillo

Case: 25-50114 Document: 49-1 Page: 1 Date Filed: 10/23/2025

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 25-50114

Summary Calendar FILED ____________ October 23, 2025

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Luis Dominguez-Murillo,

Defendant—Appellant.

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Appeal from the United States District Court for the Western District of Texas USDC No. 1:24-CR-206-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: *

Luis Dominguez Murillo 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.

As Dominguez-Murillo concedes, his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Case: 25-50114 Document: 49-1 Page: 2 Date Filed: 10/23/2025

No. 25-50114

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)).

The Government has filed a motion for summary affirmance or, alternatively, for an extension of time in which to file a brief. 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.