USA v. Mejia-Leon, No. 22-50701 (5th Cir. 2022)

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Case: 22-50701 Document: 00516572632 Page: 1 Date Filed: 12/09/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50701 Summary Calendar FILED December 9, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Kevin Jahary Mejia-Leon, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-167-1 Before Smith, Dennis, and Southwick, Circuit Judges. Per Curiam:* Kevin Jahary Mejia-Leon appeals his conviction and sentence for illegal reentry after deportation. Mejia-Leon argues that his sentence of 24 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 * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50701 Document: 00516572632 Page: 2 Date Filed: 12/09/2022 No. 22-50701 summary disposition and a letter brief conceding 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). Mejia-Leon 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), Mejia-Leon’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2

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