United States v. Juarez-Velasquez

Case: 26-10111 Document: 39-1 Page: 1 Date Filed: 07/07/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED July 7, 2026 No. 26-10111 ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Israel Noe Juarez-Velasquez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-260-1 ______________________________ Before Higginbotham, Engelhardt, and Ramirez, Circuit Judges.

Per Curiam: * IT IS ORDERED that Appellee’s motion to reform the judgment is GRANTED. The reference to 8 U.S.C. § 1326(b)(2) is STRICKEN.

As Appellant acknowledges, his challenge to the constitutionality of his sentence is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), so we AFFIRM the sentence as modified.

Case: 26-10111 Document: 39-1 Page: 2 Date Filed: 07/07/2026

No. 26-10111

IT IS FURTHER ORDERED that Appellee’s motion for an ex- tension of 30 days to file a brief is DENIED AS MOOT.