United States v. Reyes

Opinion

Case: 25-11334 Document: 46-1 Page: 1 Date Filed: 05/11/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-11334 Summary Calendar FILED ____________ May 11, 2026 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Rogelio Reyes,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:25-CR-144-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Rogelio Reyes appeals the sentence imposed following his guilty plea conviction for illegal reentry in violation of 8 U.S.C. § 1326. Reyes challenges the application of the enhanced penalty range in § 1326(b) as unconstitutional because it permits a defendant to be sentenced above the statutory maximum of § 1326(a) based on a prior felony conviction that was

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-11334 Document: 46-1 Page: 2 Date Filed: 05/11/2026

No. 25-11334

not alleged in the indictment or found by a jury beyond a reasonable doubt. As he concedes, this issue 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). He raises this issue to preserve it for further review. The Government has filed an unopposed motion 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, its alternative motion for an extension of time is DENIED, and the district court’s judgment is AFFIRMED.