United States v. Vences-Vasquez

Case: 25-50373 Document: 42-1 Page: 1 Date Filed: 11/25/2025

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 25-50373

Summary Calendar FILED ____________ November 25, 2025 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Cruz Abertano Vences-Vasquez,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-424-1 ______________________________

Before Smith, Dennis, and Haynes, Circuit Judges.

Per Curiam: *

Cruz Abertano Vences-Vasquez appeals following his conviction for illegal entry in violation of 8 U.S.C. § 1326(a), arguing that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S.

_____________________ Case: 25-50373 Document: 42-1 Page: 2 Date Filed: 11/25/2025

No. 25-50373

224 (1998), and the Government has filed a motion for summary affirmance or, alternatively, for an extension of time in which to file a brief. As Vences-Vasquez concedes, his argument is foreclosed by Almendarez-Torres. 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 as moot, and the judgment of the district court is AFFIRMED.