USA v. Angel-Felix, No. 22-50803 (5th Cir. 2023)
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Case: 22-50803 Document: 00516678087 Page: 1 Date Filed: 03/15/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-50803 Summary Calendar ____________ FILED March 15, 2023 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Jose Angel-Felix, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 4:22-CR-209-1 ______________________________ Before Davis, Duncan, and Engelhardt, Circuit Judges. Per Curiam: * Jose Angel-Felix appeals his sentence for illegal reentry in violation of 8 U.S.C. § 1326(a) and (b)(2). In his sole issue on appeal, Angel-Felix argues that § 1326(b) is unconstitutional because it permits a sentence above the otherwise-applicable statutory maximum based on facts that are neither alleged in the indictment nor found by a jury beyond a reasonable doubt. He _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-50803 Document: 00516678087 Page: 2 Date Filed: 03/15/2023 No. 22-50803 has filed an unopposed motion for summary disposition and a letter brief explaining that he has raised this issue only to preserve it for further review and conceding correctly that his argument 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). Because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), AngelFelix’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2
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