USA v. Bernal-Ceto, No. 22-50370 (5th Cir. 2022)
Annotate this Case
Download PDF
Case: 22-50370 Document: 00516577267 Page: 1 Date Filed: 12/13/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50370 Summary Calendar FILED December 13, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Paulo Bernal-Ceto, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-1070-1 Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam:* Paulo Bernal-Ceto appeals his sentence for his guilty plea conviction of illegal reentry after removal from the United States in violation of 8 U.S.C. § 1326. For the first time on appeal, he challenges the district court’s application of the enhanced penalty range in § 1326(b) as unconstitutional because it permits a defendant to be sentenced above the statutory maximum * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50370 Document: 00516577267 Page: 2 Date Filed: 12/13/2022 No. 22-50370 of § 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 raises the issue to preserve it for further review and has filed an unopposed motion for summary disposition, correctly conceding that it 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). Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Bernal-Ceto’s motion is GRANTED, and the district court’s 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.
