USA v. Nevarez-Zamudio, No. 22-50374 (5th Cir. 2023)
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Case: 22-50374 Document: 00516655215 Page: 1 Date Filed: 02/24/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50374 Summary Calendar ____________ FILED February 24, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Nicasio Nevarez-Zamudio, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-1067-1 ______________________________ Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * Nicasio Nevarez-Zamudio appeals his conviction and sentence for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2), contending that the enhancement of his sentence under § 1326(b) is unconstitutional. He has filed an unopposed motion for summary disposition and a letter brief explaining that he raises this issue only to preserve it for further review, correctly conceding it to be foreclosed by Almendarez-Torres v. United States, _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50374 Document: 00516655215 Page: 2 Date Filed: 02/24/2023 No. 22-50374 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), Nevarez-Zamudio’s motion is GRANTED, and the judgment of the district court is AFFIRMED. 2
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