United States v. Ruiz-Vazquez

Case: 25-50930 Document: 41-1 Page: 1 Date Filed: 05/18/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50930 May 18, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Agustin Ruiz-Vazquez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:25-CR-266-1 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam:* Agustin Ruiz-Vazquez challenges his sentence for illegal reentry under 8 U.S.C. § 1326(b)(1), asserting that the statute is unconstitutional because it treats a prior conviction that increases the statutory maximum as a sentencing factor rather than an element of the offense. He correctly concedes that the argument is foreclosed by Almendarez-Torres v. United _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50930 Document: 41-1 Page: 2 Date Filed: 05/18/2026

No. 25-50930

States, 523 U.S. 224 (1998), but wishes to preserve it for further review. 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).

Because the only issue before us is foreclosed by precedent and “there can be no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), we GRANT the Government’s motion for summary affirmance and DENY its alternative motion for an extension of time to file a brief. The judgment of the district court is AFFIRMED.