USA v. Montilla, No. 21-51010 (5th Cir. 2022)
Annotate this Case
Download PDF
Case: 21-51010 Document: 00516260936 Page: 1 Date Filed: 03/30/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 21-51010 Summary Calendar March 30, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Ultimo Montilla, Defendant—Appellant, consolidated with _____________ No. 21-51024 _____________ United States of America, Plaintiff—Appellee, versus Willie Montilla-Tejeda, Defendant—Appellant. Case: 21-51010 Document: 00516260936 Page: 2 Date Filed: 03/30/2022 No. 21-51010 c/w No. 21-51024 Appeals from the United States District Court for the Western District of Texas USDC No. 4:21-CR-644-1 USDC No. 4:21-CR-494-1 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* Ultimo Montilla, also known as Willie Montilla-Tejeda, appeals his conviction and sentence for illegal reentry after removal under 8 U.S.C. § 1326(a) and (b)(2), along with the revocation of the term of supervised release he was serving at the time of the offense. He has not briefed, and has therefore abandoned, any challenge to the revocation of supervised release or his revocation sentence. See United States v. Reagan, 596 F.3d 251, 254-55 (5th Cir. 2010). For the first time on appeal, Montilla argues that § 1326(b) is unconstitutional because it permits a 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 has filed an unopposed motion for summary disposition and a letter brief correctly conceding that this issue is foreclosed by AlmendarezTorres v. United States, 523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). Montilla states that he has raised the issue only to preserve it for possible further review. Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2 Case: 21-51010 Document: 00516260936 Page: 3 Date Filed: 03/30/2022 No. 21-51010 c/w No. 21-51024 Cir. 1969), Montilla’s motion is GRANTED, and the district court’s judgments are AFFIRMED. 3
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.
