United States v. Castillo-Gonzalez

Case: 25-50575 Document: 49-1 Page: 1 Date Filed: 03/11/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50575 Summary Calendar FILED ____________ March 11, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Dario Castillo-Gonzalez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-3366-1 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam: * Dario Castillo-Gonzalez appeals following his conviction for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a) & (b)(1), arguing that the statutory enhancement in § 1326(b) is unconstitutional. He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Government has filed a motion for summary _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50575 Document: 49-1 Page: 2 Date Filed: 03/11/2026

No. 25-50575 affirmance or, alternatively, for an extension of time in which to file a brief.

Castillo-Gonzalez takes no position on the motion.

As Castillo-Gonzalez concedes, his argument is foreclosed by Almendarez-Torres. 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. See Groendyke Transp. Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the Government’s 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.