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