USA v. Narvaez-Gomez, No. 22-50650 (5th Cir. 2022)
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Case: 22-50650 Document: 00516541664 Page: 1 Date Filed: 11/10/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50650 Summary Calendar FILED November 10, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Pabeel Narvaez-Gomez, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:22-CR-273-1 Before Stewart, Duncan, and Wilson, Circuit Judges. Per Curiam:* Pabeel Narvaez-Gomez appeals his conviction and sentence for illegal reentry after removal, in violation of 8 U.S.C. § 1326(a) and (b)(1). NarvaezGomez contends that § 1326(b) is unconstitutional because it permits a sentence above the otherwise-applicable statutory maximum based on facts * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-50650 Document: 00516541664 Page: 2 Date Filed: 11/10/2022 No. 22-50650 that were neither alleged in the indictment nor found by a jury beyond a reasonable doubt. He acknowledges 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). He nevertheless seeks to preserve the issue for further review and has filed an unopposed motion for summary disposition. Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Narvaez-Gomez’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2
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