United States v. Villa
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 10, 2026
Docket26-50385
StatusUnpublished
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Full Opinion
Case: 26-50385 Document: 48-1 Page: 1 Date Filed: 11/10/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 26-50385 November 10, 2026
Summary Calendar
Thomas B. Plunkett, III
____________ Clerk
United States of America,
Plaintiff—Appellee,
versus
Cesar Villa,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:25-CR-2801-1
______________________________
Before Willett, Duncan, and Engelhardt, Circuit Judges.
Per Curiam: *
Cesar Villa appeals following his conviction and sentence for illegal
reentry under 8 U.S.C. § 1326(a) and (b), arguing for the first time on appeal
that the sentencing enhancement in § 1326(b) is unconstitutional. The
Government has moved for summary affirmance or, alternatively, for an
extension of time in which to file a brief. Although Villa takes no position on
the motion for summary affirmance, he acknowledges that his argument is
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-50385 Document: 48-1 Page: 2 Date Filed: 11/10/2026
No. 26-50385
foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), and
seeks to preserve the issue for possible Supreme Court review.
The parties are correct that Villa’s sole 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’” (quoting Alleyne v. United States, 570 U.S. 99, 111 n.1
(2013))). Summary affirmance is thus 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, the alternative motion for an extension of time is DENIED,
and the district court’s judgment is AFFIRMED.
2