USA v. Gonzalez-Dominguez, No. 23-50795 (5th Cir. 2024)
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Case: 23-50795 Document: 43-1 Page: 1 Date Filed: 03/21/2024 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 23-50795 Summary Calendar ____________ March 21, 2024 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Enrique Javier Gonzalez-Dominguez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:23-CR-277-1 ______________________________ Before Smith, Higginson, and Engelhardt, Circuit Judges. Per Curiam:* Enrique Gonzalez-Dominguez appeals his conviction and sentence for illegal reentry after removal. He avers that 8 U.S.C. § 1326(b) is unconstitutional because it allows a sentence above the otherwise applicable statutory maximum established by § 1326(a) based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-50795 Document: 43-1 Page: 2 Date Filed: 03/21/2024 No. 23-50795 Gonzalez-Dominguez has filed an unopposed motion for summary disposition and a letter brief correctly conceding that the only issue he raises 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). He explains that he has raised the issue to preserve it for possible further review. Accordingly, because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the motion is GRANTED, and the judgment is AFFIRMED. 2
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