USA v. Alvarez-Meza, No. 23-50522 (5th Cir. 2023)

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Case: 23-50522 Document: 00516969178 Page: 1 Date Filed: 11/15/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-50522 Summary Calendar ____________ FILED November 15, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Noel Alvarez-Meza, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:23-CR-76-1 ______________________________ Before King, Haynes, and Graves, Circuit Judges. Per Curiam: * Noel Alvarez-Meza appeals the sentence imposed following his conviction for illegal reentry into the United States in violation of 8 U.S.C. § 1326(a) and (b)(1). He contends that the sentencing enhancement in § 1326(b) is unconstitutional because it permits a sentence above the otherwise applicable statutory maximum established by § 1326(a) based on _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50522 Document: 00516969178 Page: 2 Date Filed: 11/15/2023 No. 23-50522 facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. He acknowledges that this argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he seeks to preserve it for possible Supreme Court review. He therefore has filed an unopposed motion for summary disposition. We have held that subsequent Supreme Court decisions such as Alleyne v. United States, 570 U.S. 99 (2013), and Apprendi v. New Jersey, 530 U.S. 466 (2000), did not overrule Almendarez-Torres. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). Alvarez-Meza is, therefore, correct that his argument is foreclosed. Accordingly, because summary disposition is appropriate, see Groendyke Transp. Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Alvarez-Meza’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2

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