United States v. Sanchez-Ventura ( 2023 )

Case: 22-50965 Document: 00516767875 Page: 1 Date Filed: 05/30/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50965
Summary Calendar FILED
____________ May 30, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Javier Sanchez-Ventura,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-476-1
______________________________
Before Higginbotham, Graves, and Ho, Circuit Judges.
Per Curiam: *
Javier Sanchez-Ventura appeals his sentence on his guilty plea
conviction for illegal reentry into the United States in violation of 8 U.S.C.
§ 1326. Renewing an argument made before the district court, he challenges
the district court’s application of the enhanced penalty range in § 1326(b) as
unconstitutional because it permits a defendant to be sentenced above the
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50965 Document: 00516767875 Page: 2 Date Filed: 05/30/2023
No. 22-50965
statutory maximum of § 1326(a) based on the fact of a prior conviction that
was not alleged in the indictment or found by a jury beyond a reasonable
doubt. He raises the issue to preserve it for further review and has filed an
unopposed motion for summary disposition, correctly conceding that it is
foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See
United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019).
Because summary disposition is appropriate, see Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Sanchez-Ventura’s motion
is GRANTED, and the district court’s judgment is AFFIRMED.
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