Full Opinion

Case: 26-50208 Document: 50-1 Page: 1 Date Filed: 11/06/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 26-50208 November 6, 2026 Summary Calendar Thomas B. Plunkett, III ____________ Clerk United States of America, Plaintiff—Appellee, versus Agustin Cano-Quintero, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 1:25-CR-527-1 ______________________________ Before King, Higginson, and Douglas, Circuit Judges. Per Curiam: * Agustin Cano-Quintero appeals following his conviction and sentence for illegal reentry into the United States under 8 U.S.C. § 1326(a) and (b), arguing for the first time that the recidivism enhancement in 8 U.S.C. § 1326(b) is unconstitutional. The Government has moved for summary affirmance, or alternatively, for an extension of time in which to file an appellate brief. In his brief, Cano-Quintero acknowledges that his argument * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 26-50208 Document: 50-1 Page: 2 Date Filed: 11/06/2026 No. 26-50208 is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), and he now raises it on appeal to preserve it for further review. The parties are correct that Cano-Quintero’s argument is foreclosed by Almendarez-Torres. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007); 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 AS MOOT, and the judgment of the district court is AFFIRMED. 2