Case: 25-50401 Document: 45-1 Page: 1 Date Filed: 11/12/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50401 Summary Calendar FILED ____________ November 12, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Ramon Manuel Ortega-Borunda, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:25-CR-156-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * Ramon Manuel Ortega-Borunda appeals following his conviction for attempted illegal reentry in violation of 8 U.S.C. § 1326(a), arguing for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that this issue is foreclosed by Almendarez- Torres v. United States, 523 U.S. 224 (1998). The Government has filed a _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50401 Document: 45-1 Page: 2 Date Filed: 11/12/2025

No. 25-50401

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

The parties are correct that the sole argument that Ortega-Borunda raises on appeal is foreclosed. See United States v. Pervis, 937 F.3d 546, 553- (5th Cir. 2019); see also Erlinger v. United States, 602 U.S. 821, 838 (2024) (stating 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 therefore appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Thus, 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.