USA v. Romero-Ezquivel, No. 23-50868 (5th Cir. 2024)
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Case: 23-50865 Document: 49-1 Page: 1 Date Filed: 04/24/2024 United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 23-50865 consolidated with No. 23-50868 Summary Calendar _____________ FILED April 24, 2024 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Fernando Adolfo Romero-Ezquivel, Defendant—Appellant. ______________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 4:23-CR-269-1, 4:23-CR-367-1 ______________________________ Before Jones, Dennis, and Southwick, Circuit Judges. Per Curiam:* Fernando Adolfo Romero-Ezquivel appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), as well as the revocation of a previously imposed term of supervised release. Romero-Ezquivel argues that the statutory sentencing enhancement in § 1326(b) is unconstitutional. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50865 Document: 49-1 Page: 2 Date Filed: 04/24/2024 23-50865 c/w No. 23-50868 He concedes that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and has filed an unopposed motion for summary disposition. Because the claim is foreclosed, see United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019), summary disposition is warranted, see Groendyke Transp. Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Thus, the motion for summary disposition is GRANTED, and the judgments of the district court are AFFIRMED. 2
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