United States v. Botello

Case: 25-10828 Document: 60-1 Page: 1 Date Filed: 03/12/2026

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

No. 25-10828 FILED March 12, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Hilario Corona Botello, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:24-CR-312-1 ______________________________ Before Smith, Higginson, and Wilson, Circuit Judges.

Per Curiam: * Hilario Corona Botello appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(1), 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 (1998). The Government filed an unopposed motion for _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10828 Document: 60-1 Page: 2 Date Filed: 03/12/2026

No. 25-10828 summary affirmance or, alternatively, for an extension of time in which to file a brief.

Corona Botello concedes his arguments are 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” (cleaned up)). 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 AS MOOT, and the judgment of the district court is AFFIRMED.