Full Opinion

Case: 26-50354 Document: 43-1 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. 26-50354 November 10, 2026 Summary Calendar Thomas B. Plunkett, III ____________ Clerk United States of America, Plaintiff—Appellee, versus Raul Alfonso Moreno-Lopez, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Western District of Texas USDC No. 2:25-CR-2176-1 ______________________________ Before Jones, Ho, and Wilson, Circuit Judges. Per Curiam: * Raul Alfonso Moreno-Lopez appeals following his conviction and sentence for illegal reentry into the United States under 8 U.S.C. § 1326(a), arguing for the first time that the 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. Moreno-Lopez * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 26-50354 Document: 43-1 Page: 2 Date Filed: 11/10/2026 No. 26-50354 acknowledges that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The parties are correct that Moreno-Lopez’s argument is foreclosed. 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, and the judgment of the district court is AFFIRMED. 2