United States v. Garza-Rodriguez

Case: 25-50928 Document: 52-1 Page: 1 Date Filed: 08/28/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50928 August 28, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Oscar Garza-Rodriguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-1274-1 ______________________________ Before Haynes, Graves, and Ramirez, Circuit Judges.

Per Curiam: * Oscar Garza-Rodriguez appeals his conviction and sentence for illegal reentry after removal from the United States under 8 U.S.C. § 1326(a), arguing that the recidivism enhancement in § 1326(b) is unconstitutional. He concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Government has filed an unopposed motion Case: 25-50928 Document: 52-1 Page: 2 Date Filed: 08/28/2026

No. 25-50928 for summary affirmance or, alternatively, an extension of time in which to file a brief.

Garza-Rodriguez’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).

The motion for summary affirmance is GRANTED, the alternative motion for extension of time is DENIED as moot, and the judgment of the district court is AFFIRMED.