United States v. Herrera-Lizama

Case: 26-10131 Document: 53-1 Page: 1 Date Filed: 09/04/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 26-10131 Summary Calendar FILED ____________ September 4, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus Juan Herrera-Lizama, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:25-CR-257-1 ______________________________ Before King, Higginson, and Douglas, Circuit Judges.

Per Curiam: * Juan Herrera-Lizama appeals following his conviction and sentence under 8 U.S.C. § 1326(a) for illegal reentry after removal from the United States, arguing that the sentencing enhancement in § 1326(b) is unconstitutional. Herrera-Lizama concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and seeks to preserve the issue for further review. The Government has filed an Case: 26-10131 Document: 53-1 Page: 2 Date Filed: 09/04/2026

No. 26-10131 unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

The parties are correct that Herrera-Lizama’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 thus appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

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