United States v. Beltran-Nino

Case: 25-50672 Document: 50-1 Page: 1 Date Filed: 06/30/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50672 Summary Calendar FILED ____________ June 30, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Jose Leonel Beltran-Nino, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-3375-1 ______________________________ Before Smith, Higginson, and Wilson, Circuit Judges.

Per Curiam: * Jose Beltran-Nino appeals following his conviction of illegal reentry in violation of 8 U.S.C. § 1326(a), contending, for the first time on appeal, that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that that theory is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The government has filed a motion for summary affirm- ance or, alternatively, for an extension of time in which to file its brief.

Case: 25-50672 Document: 50-1 Page: 2 Date Filed: 06/30/2026

No. 25-50672

Beltran-Nino takes no position on the motion for summary affirmance.

The parties are correct that Beltran-Nino’s 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 motion for summary affirmance is GRANTED, the alternate motion for an exten- sion of time is DENIED, and the judgment is AFFIRMED.