United States v. Diego-Mateo

Case: 25-50812 Document: 50-1 Page: 1 Date Filed: 08/12/2026

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

No. 25-50812 FILED August 12, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Miguel Diego-Mateo, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:25-CR-801-1 ______________________________ Before Clement, Haynes, and Ramirez, Circuit Judges.

Per Curiam: * Miguel Diego-Mateo pleaded guilty to illegally reentering the United States in violation of 8 U.S.C. § 1326(a). The district court sentenced him to thirty months of imprisonment and three years of supervised release. On appeal, Diego-Mateo argues for the first time that his sentence is unconstitutional because it was enhanced under § 1326(b)(1) based on a prior Case: 25-50812 Document: 50-1 Page: 2 Date Filed: 08/12/2026

No. 25-50812 felony conviction that was neither alleged in the indictment nor mentioned in his guilty plea. The government has moved for summary affirmance, or alternatively, for an extension of time within which to file a merits brief.

Diego-Mateo takes no position on the government’s motion. He correctly acknowledges that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to preserve it for further review. See United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019).

Because the only issue before us is foreclosed, 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, its alternative motion for an extension of time is DENIED AS MOOT, and the judgment of the district court is AFFIRMED.