United States v. Aguirre-Barra

Case: 26-50127 Document: 48-1 Page: 1 Date Filed: 09/04/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 26-50127 September 4, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Orlando Everado Aguirre-Barra, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 7:25-CR-163-1 ______________________________ Before Stewart, Richman, and Higginson, Circuit Judges.

Per Curiam: * Orlando Everado Aguirre-Barra appeals following his conviction and sentence for illegal reentry into the United States, arguing for the first time that the recidivism enhancement in 8 U.S.C. § 1326(b) is unconstitutional.

The Government has moved for summary affirmance. While Aguirre-Barra takes no position on the motion for summary affirmance, he acknowledges Case: 26-50127 Document: 48-1 Page: 2 Date Filed: 09/04/2026

No. 26-50127 his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998).

The parties are correct that Aguirre-Barra’s argument is foreclosed by circuit precedent. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). Summary affirmance is therefore 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, and the judgment of the district court is AFFIRMED.