United States v. Nunez-Guerra

Case: 25-50544 Document: 48-1 Page: 1 Date Filed: 02/02/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50544 February 2, 2026 Summary Calendar

Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Melvin Eulises Nunez-Guerra,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:23-CR-2546-1 ______________________________

Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: *

Melvin Eulises Nunez-Guerra appeals his sentence for illegal reentry into the United States after having been removed, in violation of 8 U.S.C. § 1326. He contends that § 1326(b) is unconstitutional because it allows a sentence above the otherwise applicable statutory maximum based on facts that are neither alleged in the indictment nor found by a jury beyond a Case: 25-50544 Document: 48-1 Page: 2 Date Filed: 02/02/2026

No. 25-50544 reasonable doubt. However, he acknowledges that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and merely raises this issue to preserve it for further review. The Government has moved without opposition for summary affirmance, or, alternatively, for an extension of time to file a brief.

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.