United States v. Rosas-Santos

• Court: Court of Appeals for the Fifth Circuit
• Decided: November 24, 2025
• Docket: 25-50223
• Status: Unpublished

Opinion

Case: 25-50223 Document: 47-1 Page: 1 Date Filed: 11/24/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-50223 Summary Calendar FILED ____________ November 24, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Carlos Fernando Rosas-Santos,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-2494-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges. Per Curiam: * Carlos Fernando Rosas-Santos 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 this argument is foreclosed by Almendarez- Torres v. United States, 523 U.S. 224 (1998), and the Government has filed an

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-50223 Document: 47-1 Page: 2 Date Filed: 11/24/2025

No. 25-50223

unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief. Because the argument is foreclosed, see United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019), summary affirmance is 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, and the judgment of the district court is AFFIRMED.