USA v. Calderon-Gonzalez, No. 22-50396 (5th Cir. 2022)
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Case: 22-50396 Document: 00516591012 Page: 1 Date Filed: 12/28/2022 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-50396 Summary Calendar ____________ December 28, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Guadalupe Calderon-Gonzalez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-1040-1 ______________________________ Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam: * Jose Guadalupe Calderon-Gonzalez appeals his conviction and sentence for illegal reentry after deportation. Calderon-Gonzalez argues that his sentence of 27 months of imprisonment and three years of supervised release exceeded the statutory maximum because the enhanced penalty provisions of 8 U.S.C. § 1326(b) are unconstitutional. He has filed an unopposed motion for summary disposition and a letter brief conceding _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50396 Document: 00516591012 Page: 2 Date Filed: 12/28/2022 No. 22-50396 correctly that this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553-54 (5th Cir. 2019). Calderon-Gonzalez 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 Cir. 1969), Calderon-Gonzalez’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2
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