Case: 21-50988 Document: 00516275076 Page: 1 Date Filed: 04/11/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 11, 2022
No. 21-50988 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Aron Esteban Ruiz-Alvarez,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:21-CR-406-1
Before Higginbotham, Higginson, and Duncan, Circuit Judges.
Per Curiam:*
Aron Esteban Ruiz-Alvarez appeals his conviction for illegal reentry
into the United States and his sentence of 37 months of imprisonment and
three years of supervised release. He argues that 8 U.S.C. § 1326(b) is
unconstitutional because it permits the increase of a sentence beyond the
*
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opinion should not be published and is not precedent except under the limited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: 21-50988 Document: 00516275076 Page: 2 Date Filed: 04/11/2022
No. 21-50988
otherwise-applicable statutory maximum based on facts that are neither
charged in the indictment nor found by a jury beyond a reasonable doubt. He
concedes that this issue is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224 (1998), but he seeks to preserve the issue for future review and
has filed an unopposed motion for summary disposition.
As Ruiz-Alvarez concedes, the issue he raises is foreclosed by
Almendarez-Torres. 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), Ruiz-Alvarez’s motion for
summary disposition is GRANTED, and the judgment of the district court
is AFFIRMED.
2