USA v. Jimenez-Ramirez, No. 21-50822 (5th Cir. 2022)

 Annotate this Case
Download PDF
Case: 21-50822 Document: 00516240083 Page: 1 Date Filed: 03/15/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 15, 2022 No. 21-50822 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Rodrigo Jimenez-Ramirez, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas No. 4:21-CR-280-1 Before Smith, Stewart, and Graves, Circuit Judges. Per Curiam:* Rodrigo Jimenez-Ramirez appeals his conviction and sentence for illegal reentry under 8 U.S.C. § 1326(a) and (b)(1). For the first time on appeal, he contends that § 1326(b) is unconstitutional because it permits a * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50822 Document: 00516240083 Page: 2 Date Filed: 03/15/2022 No. 21-50822 defendant to be sentenced above the statutory maximum under § 1326(a) based on the fact of a prior conviction that was not alleged in the indictment or found by a jury beyond a reasonable doubt. He correctly concedes that the argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda-Arrellano, 492 F.3d 624, 625–26 (5th Cir. 2007). He wishes to preserve the issue for further review and has filed a letter brief and an unopposed motion for summary disposition. Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), the motion is GRANTED, and the judgment is AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.