Case: 25-10822 Document: 48-1 Page: 1 Date Filed: 12/19/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 25-10822 December 19, 2025 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jonathan Rangel-Salazar, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:24-CR-266-1 ______________________________ Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Jonathan Rangel-Salazar appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing that the statutory sentencing enhancement in § 1326(b) is unconstitutional. Rangel-Salazar concedes this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and the Government has filed an unopposed motion for _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10822 Document: 48-1 Page: 2 Date Filed: 12/19/2025

No. 25-10822

summary affirmance or, in the alternative, for an extension of time in which to file a brief.

The parties are correct that Rangel-Salazar’s argument is foreclosed.

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” (citation modified)). Summary affirmance is therefore appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the 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.