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