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Case: 21-50835 Document: 00516225481 Page: 1 Date Filed: 03/04/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 4, 2022 No. 21-50835 Lyle W. Cayce consolidated with Clerk No. 21-50847 Summary Calendar United States of America, Plaintiff—Appellee, versus Rene Sanchez-Quintero, Defendant—Appellant. Appeals from the United States District Court for the Western District of Texas USDC No. 4:21-CR-390-1 USDC No. 4:21-CR-215-1 Before Davis, Jones, and Elrod, Circuit Judges. Per Curiam:* In this consolidated appeal, Rene Sanchez-Quintero challenges his conviction and sentence for illegal reentry after removal under 8 U.S.C. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50835 Document: 00516225481 Page: 2 Date Filed: 03/04/2022 No. 21-50835 c/w No. 21-50847 § 1326(a) and (b)(2), and a separate judgment revoking the term of supervised release imposed in an earlier case. Because his appellate brief does not address the validity of the revocation or the revocation sentence, Sanchez-Quintero has abandoned any challenge to the revocation judgment. See United States v. Reagan,
596 F.3d 251, 254-55 (5th Cir. 2010). With respect to his illegal reentry conviction and sentence, Sanchez- Quintero argues for the first time that § 1326(b) is unconstitutional because it permits a defendant to be sentenced above the statutory maximum under § 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 has filed an unopposed motion for summary disposition and a letter brief explaining that he raises the issue only to preserve it for further review and conceding correctly that the issue 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- Quintero’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2
Document Info
Docket Number: 21-50847
Filed Date: 3/4/2022
Precedential Status: Non-Precedential
Modified Date: 3/5/2022