United States v. Lerma-Robledo

Case: 25-10968 Document: 39-1 Page: 1 Date Filed: 02/16/2026

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 25-10968

Summary Calendar FILED ____________ February 16, 2026

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Jose Lerma-Robledo,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:25-CR-42-1

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Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: *

Jose Lerma-Robledo appeals following his conviction and sentence under 8 U.S.C. § 1326(a) for illegal reentry into the United States after deportation, arguing that the statutory sentencing enhancement in § 1326(b) is unconstitutional. Lerma-Robledo concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and seeks to Case: 25-10968 Document: 39-1 Page: 2 Date Filed: 02/16/2026

No. 25-10968 preserve it for possible Supreme Court review. The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time to file its brief.

As he concedes, Lerma-Robledo’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” (internal quotation marks and citation omitted)). Summary affirmance is thus appropriate. 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.