United States v. Montes-Galeas

Case: 25-50501 Document: 47-1 Page: 1 Date Filed: 02/02/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50501 Summary Calendar FILED ____________ February 2, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Homer Adalberto Montes-Galeas, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-2193-1 ______________________________ Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Homer Adalberto Montes-Galeas appeals the sentence imposed following his guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326. Montes-Galeas challenges the application of the enhanced penalty range in § 1326(b) as unconstitutional because it permits a defendant to be sentenced above the statutory maximum of § 1326(a) based on a prior _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50501 Document: 47-1 Page: 2 Date Filed: 02/02/2026

No. 25-50501 conviction that was not alleged in the indictment or found by a jury beyond a reasonable doubt. The Government has filed a motion for summary affirmance or, alternatively, for an extension of time to file a brief. While Montes-Galeas takes no position on the motion, he correctly concedes that this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019).

Montes-Galeas raises the issue to preserve it for further review.

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, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.