United States v. Perez-Avalos

Case: 25-11259 Document: 50-1 Page: 1 Date Filed: 05/18/2026

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

No. 25-11259 FILED May 18, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Samuel Perez-Avalos, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-175-1 ______________________________ Before Elrod, Chief Judge, and Smith and Stewart, Circuit Judges.

Per Curiam:* Samuel Perez-Avalos 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: 25-11259 Document: 50-1 Page: 2 Date Filed: 05/18/2026

No. 25-11259

(1998), and 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). 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.