Case: 25-10648 Document: 41-1 Page: 1 Date Filed: 12/16/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED December 16, 2025 No. 25-10648 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Clemente Castillo-Zamudio, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-313-1 ______________________________ Before Dennis, Engelhardt, and Wilson, Circuit Judges.

Per Curiam:* Clemente Castillo-Zamudio appeals his conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326(a) and (b)(1). He argues that the application of the enhanced penalty range in § 1326(b) is unconstitutional because it allows a sentence above the § 1326(a) statutory maximum based on a prior conviction not alleged in the indictment or found by a jury.

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

Case: 25-10648 Document: 41-1 Page: 2 Date Filed: 12/16/2025

No. 25-10648

He concedes that Almendarez-Torres v. United States, 523 U.S. 224, 247 (1998), forecloses his argument. See Erlinger v. United States, 602 U.S. 821, 838 (2024). He raises the issue to preserve it for further review. The Government moves for summary affirmance or, alternatively, for an extension of time to file a brief. Castillo-Zamudio takes no position on the Government’s motion.

Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time is DENIED AS MOOT, and the judgment of the district court is AFFIRMED.