United States v. Castellano-Martinez

Case: 25-11228 Document: 60-1 Page: 1 Date Filed: 09/09/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-11228 Summary Calendar FILED ____________ September 9, 2026 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus David Pablo Castellano-Martinez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:25-CR-10-1 ______________________________ Before Higginbotham, Jones, and Oldham, Circuit Judges.

Per Curiam: * David Pablo Castellano-Martinez appeals following 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 Case: 25-11228 Document: 60-1 Page: 2 Date Filed: 09/09/2026

No. 25-11228 has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.

The parties are correct that Castellano-Martinez’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.