United States v. Guerrero-Munoz

Case: 25-50804 Document: 50-1 Page: 1 Date Filed: 06/09/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50804 Summary Calendar FILED ____________ June 9, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Apolonio Guerrero-Munoz, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:25-CR-1075-1 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam: * Apolonio Guerrero-Munoz appeals the sentence imposed upon his conviction for illegal entry into the United States, arguing that the sentencing enhancement in 8 U.S.C. § 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 possible further review. The _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50804 Document: 50-1 Page: 2 Date Filed: 06/09/2026

No. 25-50804

Government moves for summary affirmance or, alternatively, for an extension of time in which to file a merits brief. Guerrero-Munoz takes no position on the motion for summary affirmance.

The parties are correct that the argument is foreclosed and that summary affirmance is appropriate. 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)); see generally 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 judgment is AFFIRMED.