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.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

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.