United States v. Corea-Ramos

Case: 25-11260 Document: 48-1 Page: 1 Date Filed: 06/12/2026

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

No. 25-11260 FILED June 12, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Maykel Corea-Ramos, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-169-1 ______________________________ Before Wiener, Willett, and Wilson, Circuit Judges.

Per Curiam:* Defendant-Appellant Maykel Corea-Ramos appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing that the sentencing enhancement in § 1326(b) is unconstitutional. He concedes this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-11260 Document: 48-1 Page: 2 Date Filed: 06/12/2026

No. 25-11260

224 (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) (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)). Therefore, summary affirmance is 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 of the district court is AFFIRMED.