Opinion
23-50145
10-05-2023
United States of America, Plaintiff-Appellee, v. Ismael Robles-Perez, Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas USDC No. 3:22-CR-1119-1
Before WILLETT, DUNCAN, and WILSON, Circuit Judges.
PER CURIAM [*]
Ismael Robles-Perez appeals his sentence for illegal reentry under 8 U.S.C. § 1326(a) and (b)(1), arguing that § 1326(b) is unconstitutional because it permits a sentence above the otherwise-applicable statutory maximum based on facts not charged or proved beyond a reasonable doubt. He has filed an unopposed motion for summary disposition, conceding this argument is foreclosed by Almendarez-Torres v. United States, but explaining that he raises it in order to preserve the argument for further review.
523 U.S. 224 (1998).
Because Robles-Perez is correct in conceding that his argument is foreclosed, summary disposition is appropriate. Accordingly, his motion is GRANTED, and the judgment of the district court is AFFIRMED.
United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019) (explaining that because the Supreme Court has preserved Almendarez, it still controls the issue).
See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).
[*] This opinion is not designated for publication. See 5TH CIR. R. 47.5.