United States v. Pazos-Montes

Opinion

Case: 25-10198 Document: 47-1 Page: 1 Date Filed: 07/29/2025

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

FILED No. 25-10198 July 29, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Omar Alonso Pazos-Montes,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:23-CR-308-1 ______________________________

Before Haynes, Graves, and Oldham, Circuit Judges. Per Curiam: * Omar Alonso Pazos-Montes appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing for the first time on appeal that the statutory sentencing enhancement in § 1326(b) is unconstitutional. He concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Government

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-10198 Document: 47-1 Page: 2 Date Filed: 07/29/2025

No. 25-10198

has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief. The parties are correct that the argument is foreclosed. See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019); see also Erlinger v. United States, 602 U.S. 821, 838 (2024) (explaining that Almendarez-Torres “persists as a narrow exception permitting judges to find only the fact of a prior conviction” (internal quotation marks and citation omitted)). Summary affirmance is therefore appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED AS MOOT, and the judgment of the district court is AFFIRMED.