Case: 21-51080 Document: 00516321653 Page: 1 Date Filed: 05/17/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
May 17, 2022
No. 21-51080
Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
Edwin Yovani Arias-Quintanilla,
Defendant—Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:21-CR-531-1
Before Jolly, Willett, and Engelhardt, Circuit Judges.
Per Curiam:*
Edwin Yovani Arias-Quintanilla was convicted and sentenced for
illegal reentry after removal under 8 U.S.C. § 1326(a) and (b)(1). He now
argues for the first time that § 1326(b) is unconstitutional. Arias-Quintanilla
has nonetheless filed an unopposed motion for summary affirmance and a
letter brief explaining that he raises the issue to preserve it and correctly
*
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opinion should not be published and is not precedent except under the limited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: 21-51080 Document: 00516321653 Page: 2 Date Filed: 05/17/2022
No. 21-51080
conceding his argument is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224, 226 (1998). See, e.g., United States v. Pervis, 937 F.3d 546, 553–
54 (5th Cir. 2019). Summary disposition is therefore appropriate. See
Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).
As such, we GRANT Arias-Quintanilla’s unopposed motion and
AFFIRM the district court’s judgment.
2