United States v. Gomez-Dominguez

Case: 25-50712 Document: 42-1 Page: 1 Date Filed: 03/05/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-50712 FILED Summary Calendar March 5, 2026 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Rafael Gomez-Dominguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 3:25-CR-695-1 ______________________________ Before Richman, Southwick, and Willett, Circuit Judges.

Per Curiam: * Rafael Gomez-Dominguez appeals his sentence following his guilty- plea conviction for illegal reentry in violation of 8 U.S.C. § 1326(a). He argues for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Government _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50712 Document: 42-1 Page: 2 Date Filed: 03/05/2026

No. 25-50712 has filed a motion for summary affirmance or, in the alternative, for an extension of time to file a merits brief.

The parties are correct that Gomez-Dominguez’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 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.