United States v. Melara-Murillo

Case: 25-50644 Document: 53-1 Page: 1 Date Filed: 06/02/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50644 Summary Calendar FILED ____________ June 2, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jose Salvador Melara-Murillo, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:25-CR-18-1 ______________________________ Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam: * Jose Salvador Melara-Murillo appeals following his guilty plea conviction and sentence under 8 U.S.C. § 1326(a) for illegal reentry into the United States after deportation, arguing that the sentencing enhancement in § 1326(b) is unconstitutional. The Government moves for summary affirmance or, alternatively, for an extension of time to file a brief. Although _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50644 Document: 53-1 Page: 2 Date Filed: 06/02/2026

No. 25-50644

Melara-Murillo takes no position on the motion for summary affirmance, he acknowledges his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and raises the issue to preserve it for further review.

Melara-Murillo is correct that his 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 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 Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time is DENIED, and the district court’s judgment is AFFIRMED.