United States v. Dorado-Calderon

Case: 25-10988 Document: 43-1 Page: 1 Date Filed: 03/11/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED March 11, 2026 No. 25-10988 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America, Plaintiff—Appellee, versus Jesus Dorado-Calderon, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-63-1 ______________________________ Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Jesus Dorado-Calderon appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10988 Document: 43-1 Page: 2 Date Filed: 03/11/2026

No. 25-10988

(1998). The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

The parties are correct that the 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 . . . the fact of a prior conviction”) (citation modified). 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.