United States v. Quevedo-Escobar

Case: 25-50691 Document: 54-1 Page: 1 Date Filed: 07/09/2026

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

No. 25-50691 FILED July 9, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Ramiro Quevedo-Escobar, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-176-1 ______________________________ Before King, Higginson, and Douglas, Circuit Judges.

Per Curiam: * Ramiro Quevedo-Escobar appeals the 36-month sentence imposed following his conviction for illegal reentry pursuant to 8 U.S.C. § 1326. He argues for the first time that the enhancement in § 1326(b) is unconstitutional. The Government moves for summary affirmance or, alternatively, an extension of time in which to file a brief. Quevedo-Escobar Case: 25-50691 Document: 54-1 Page: 2 Date Filed: 07/09/2026

No. 25-50691 takes no position on the motion but concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998).

Because Quevedo-Escobar correctly concedes that his 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 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 to file a brief is DENIED, and the district court’s judgment is AFFIRMED.