United States v. Delgado-Ramirez

Case: 25-10993 Document: 49-1 Page: 1 Date Filed: 04/06/2026

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

No. 25-10993 FILED April 6, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Pedro Delgado-Ramirez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-102-1 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam: * Pedro Delgado-Ramirez appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a). Delgado-Ramirez contends 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), and seeks to preserve the issue for Supreme Court _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-10993 Document: 49-1 Page: 2 Date Filed: 04/06/2026

No. 25-10993 review. The Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time to file its brief.

The parties are correct that Delgado-Ramirez’s 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 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 is AFFIRMED.