Case: 21-51015 Document: 00516234183 Page: 1 Date Filed: 03/10/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
March 10, 2022
No. 21-51015
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Erik Daniel Salgado-Castellano,
Defendant—Appellant,
consolidated with
_____________
No. 21-51028
_____________
United States of America,
Plaintiff—Appellee,
versus
Erick Daniel Salgado-Castellanos,
Defendant—Appellant.
Appeals from the United States District Court
for the Western District of Texas
Case: 21-51015 Document: 00516234183 Page: 2 Date Filed: 03/10/2022
No. 21-51015
c/w No. 21-51028
USDC No. 4:21-CR-481-1
USDC No. 4:21-CR-526-1
Before Smith, Stewart, and Graves, Circuit Judges.
Per Curiam:*
Erik Daniel Salgado-Castellano1 appeals the sentence imposed
following his guilty plea conviction for illegal reentry after deportation, as
well as the revocation of the term of supervised release he was serving at the
time of the offense. He argues that 8 U.S.C. § 1326(b) is unconstitutional
because it allows a sentence above the otherwise applicable statutory
maximum of two years of imprisonment and one year of supervised release
based on facts that are neither alleged in the indictment nor found by a jury
beyond a reasonable doubt. Because Salgado-Castellano does not address the
validity of the revocation or the revocation sentence, he has abandoned any
challenge to them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).
Salgado-Castellano has filed an unopposed motion for summary
disposition and a letter brief correctly conceding 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). He explains that he has raised
the issue only 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), Salgado-Castellano’s motion is
GRANTED, and the district court’s judgments are AFFIRMED.
*
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opinion should not be published and is not precedent except under the limited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.
1
The defendant-appellant’s name is spelled “Erick Daniel Salgado-Castellanos”
in the appeal from the revocation proceeding. We will use the spelling “Salgado-
Castellano” in this opinion.
2