United States v. Molina-Moncivais

Case: 25-10937 Document: 47-1 Page: 1 Date Filed: 01/27/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-10937 Summary Calendar FILED ____________ January 27, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jose Inez Molina-Moncivais, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-62-1 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam: * Jose Inez Molina-Moncivais appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a). Molina-Moncivais contends that the statutory sentencing enhancement in § 1326(b) is unconstitutional.

He concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Government has filed an unopposed motion _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10937 Document: 47-1 Page: 2 Date Filed: 01/27/2026

No. 25-10937 for summary affirmance or, alternatively, for an extension of time to file a merits brief.

The parties are correct that the sole argument that Molina-Moncivais 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 Government’s alternative motion for an extension of time is DENIED. The judgment of the district court is AFFIRMED.