Case Information
*1 Case: 24-50293 Document: 63-1 Page: 1 Date Filed: 04/14/2025
United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 24-50293 April 14, 2025 Summary Calendar Lyle W. Cayce ____________
Clerk United States of America, Plaintiff—Appellee , versus Hector Manuel Nunez-Cardenas, Defendant—Appellant . ______________________________ Appeal from the United States District Court
for the Western District of Texas USDC No. 2:22-CR-206-1 ______________________________ Before Wiener, Ho, and Ramirez, Circuit Judges .
Per Curiam: [*]
Defendant-Appellant Hector Manuel Nunez-Cardenas appeals following his conviction for illegal reentry in violation of 8 U.S.C. § 1326, 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
_____________________ [*] This opinion is not designated for publication. See 5th Cir. R. 47.5.
*2 Case: 24-50293 Document: 63-1 Page: 2 Date Filed: 04/14/2025 No. 24-50293 the Government has filed an unopposed motion for summary affirmance or, alternatively, for an extension of time in which to file a brief.
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)). Therefore, 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 .
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