United States v. Lopez-Baquero

Case: 25-50241 Document: 47-1 Page: 1 Date Filed: 10/24/2025

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

No. 25-50241

FILED October 24, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee, versus

Jaime Emiliano Lopez-Baquero,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:23-CR-1401-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: *

Jaime Emiliano Lopez-Baquero appeals following his conviction for illegal reentry under 8 U.S.C. § 1326(a), arguing that the enhancement of his sentence under § 1326(b) is unconstitutional. The Government has moved for summary affirmance or, alternatively, for an extension of time in which to file a brief.

Case: 25-50241 Document: 47-1 Page: 2 Date Filed: 10/24/2025

No. 25-50241

While Lopez-Baquero takes no position on summary affirmance, he correctly concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See 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) (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)). 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, its alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.