United States v. Nolasco-Ariza

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 3, 2023
• Docket: 22-50943
• Status: Unpublished

Opinion

Case: 22-50943 Document: 00516736979 Page: 1 Date Filed: 05/03/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 22-50943 FILED May 3, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus

Ambrosio Nolasco-Ariza,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:21-CR-234-1 ______________________________

Before Davis, Duncan, and Engelhardt, Circuit Judges. Per Curiam: * Ambrosio Nolasco-Ariza appeals his conviction for illegal reentry into the United States after having been removed, in violation of 8 U.S.C. § 1326. He contends that § 1326 violates the Fifth Amendment’s equal protection principles. He concedes that this argument is foreclosed by our recent decision in United States v. Barcenas-Rumualdo, 53 F.4th 859, 862 (5th

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50943 Document: 00516736979 Page: 2 Date Filed: 05/03/2023

No. 22-50943

Cir. 2022), and merely raises this issue to preserve it for further review. The Government has moved without opposition for summary affirmance, or, alternatively, for an extension of time to file a brief. Because summary affirmance is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is GRANTED, the Government’s alternative motion for an extension of time to file a brief is DENIED, and the district court’s judgment is AFFIRMED.