USA v. Morquecho-Sanchez, No. 22-50631 (5th Cir. 2023)
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Case: 22-50631 Document: 00516630362 Page: 1 Date Filed: 01/31/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50631 Summary Calendar ____________ FILED January 31, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Angel Morquecho-Sanchez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-79-1 ______________________________ Before Smith, Southwick, and Douglas, Circuit Judges. Per Curiam: * Jose Morquecho-Sanchez appeals his conviction and sentence for illegal reentry after removal. He maintains that his sentence exceeds 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 correctly that this issue is fore_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50631 Document: 00516630362 Page: 2 Date Filed: 01/31/2023 No. 22-50631 closed 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). Morquecho-Sanchez 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), the motion is GRANTED, and the judgment is AFFIRMED. 2
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