United States v. Lanza-Rios

Case: 25-50918 Document: 47-1 Page: 1 Date Filed: 06/29/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50918 June 29, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Hamilton Douglas Lanza-Rios, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-1455-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * Hamilton Douglas Lanza-Rios appeals following his conviction and sentence for illegal reentry under 8 U.S.C. § 1326(a) and (b), arguing for the first time on appeal that the sentencing enhancement in § 1326(b) is unconstitutional. The Government has moved for summary affirmance or, alternatively, for an extension of time in which to file a brief. Although Lanza- _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50918 Document: 47-1 Page: 2 Date Filed: 06/29/2026

No. 25-50918

Rios 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 seeks to preserve the issue for possible Supreme Court review.

The parties are correct that Lanza-Rios’s sole 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 thus 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, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED.