Case: 22-50717 Document: 00516607426 Page: 1 Date Filed: 01/11/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 22-50717
Summary Calendar FILED
____________ January 11, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Jorge Castellanos-Haro,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:22-CR-141-1
______________________________
Before King, Higginson, and Willett, Circuit Judges.
Per Curiam: *
Jorge Castellanos-Haro appeals his conviction and sentence for
reentry after deportation under 8 U.S.C. § 1326(a) and (b)(1). He argues that
treating a prior felony conviction that increases the statutory maximum under
§ 1326(b) as a sentencing factor, as opposed to a separate element of the
offense itself, violates the Constitution. He has filed an unopposed motion
for summary disposition and a letter brief conceding, correctly, that this issue
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*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-50717 Document: 00516607426 Page: 2 Date Filed: 01/11/2023
No. 22-50717
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). Castellanos-Haro
states that he has raised the issue only to preserve it for possible further
review. Because summary disposition is appropriate, see Groendyke Transp.,
Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Castellanos-Haro’s motion
is GRANTED, and the district court’s judgment is AFFIRMED.
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