Case: 21-51072 Document: 00516307238 Page: 1 Date Filed: 05/04/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 21-51072 May 4, 2022
Summary Calendar Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Silvino Vasquez-Jacinto,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:21-CR-547-1
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
Silvino Vasquez-Jacinto appeals his conviction for illegal reentry into
the United States and his sentence of 30 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opinion should not be published and is not precedent except under the limited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: 21-51072 Document: 00516307238 Page: 2 Date Filed: 05/04/2022
No. 21-51072
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 Vasquez-Jacinto 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), Vasquez-Jacinto’s motion
for summary disposition is GRANTED, and the judgment of the district
court is AFFIRMED.
2