United States v. Mendoza-Yerbafria
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 29, 2026
Docket26-50283
StatusUnpublished
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Full Opinion
Case: 26-50279 Document: 52-1 Page: 1 Date Filed: 10/29/2026
United States Court of Appeals
for the Fifth Circuit
_____________
United States Court of Appeals
Fifth Circuit
No. 26-50279 FILED
consolidated with October 29, 2026
No. 26-50283
Thomas B. Plunkett, III
Summary Calendar
Clerk
_____________
United States of America,
Plaintiff—Appellee,
versus
Gilberto Mendoza-Yerbafria,
Defendant—Appellant.
______________________________
Appeals from the United States District Court
for the Western District of Texas
USDC Nos. 4:25-CR-227-1, 4:22-CR-218-1
______________________________
Before Jones, Ho, and Wilson, Circuit Judges.
Per Curiam: *
Gilberto Mendoza-Yerbafria appeals following his conviction and
sentence for illegal reentry into the United States, as well as his revocation of
his term of supervised release in a previous case. Regarding his new
conviction, he argues that the enhancement in 8 U.S.C. § 1326(b) is
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-50279 Document: 52-1 Page: 2 Date Filed: 10/29/2026
No. 26-50279
and No. 26-50283
unconstitutional. He does not challenge his revocation judgment. Mendoza-
Yerbafria acknowledges that his argument is foreclosed by Almendarez-Torres
v. United States, 523 U.S. 224 (1998). The Government has moved for
summary affirmance, or alternatively, for an extension of time in which to file
a brief.
The parties are correct that Mendoza-Yerbafria’s argument is
foreclosed. See United States v. Pervis, 937 F.3d 546, 553–54 (5th Cir. 2019);
see also Erlinger v. United States, 602 U.S. 821, 838 (2024) (explaining that
Almendarez-Torres “persists as a narrow exception permitting judges to find
only the fact of a prior conviction” (internal quotation marks and citation
omitted)). Summary affirmance is therefore appropriate. See Groendyke
Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the
Government’s motion for summary affirmance is GRANTED, its
alternative motion for an extension of time is DENIED, and the judgment
of the district court is AFFIRMED.
2