Case: 21-51073 Document: 00516273979 Page: 1 Date Filed: 04/08/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 8, 2022
No. 21-51073 Lyle W. Cayce
Summary Calendar Clerk
United States of America,
Plaintiff—Appellee,
versus
Rodolfo Oliva-Santos,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:21-CR-427-1
Before Jolly, Willett, and Engelhardt, Circuit Judges.
Per Curiam:*
Rodolfo Oliva-Santos appeals his conviction and sentence for illegal
reentry after removal in violation of 8 U.S.C. § 1326(a) and (b)(2). He
contends that the enhancement of his illegal reentry sentence pursuant to
§ 1326(b) was unconstitutional because the fact of his prior conviction was
*
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opinion should not be published and is not precedent except under the limited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: 21-51073 Document: 00516273979 Page: 2 Date Filed: 04/08/2022
No. 21-51073
not charged in his indictment or proved to a jury beyond a reasonable doubt.
He has filed an unopposed motion for summary disposition and a letter brief
explaining that he has raised this issue only to preserve it for further review
and conceding correctly that this 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), Oliva-
Santos’s motion is GRANTED, and the district court’s judgment is
AFFIRMED.
2