UNITED STATES v. CHAVEZ GARCIA (2018)

Alejandro Chavez-Garcia appeals his conviction and sentence for having been found unlawfully in the United States following deportation. He argues that his 30-month term of imprisonment and his three-year term of supervised release exceeded the respective statutory maximums because the enhanced penalty provision of 8 U.S.C. § 1326(b) is unconstitutional. He also asserts that his guilty plea was invalid because he was not admonished that his prior felony conviction could not be used to enhance his sentence under § 1326(b) unless it was submitted to a jury and proved beyond a reasonable doubt.

However, Chavez-Garcia has filed an unopposed motion for summary disposition and a letter brief conceding that these issues are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), and explaining that he has raised the issues only to preserve them for possible further review. Accordingly, because summary disposition is appropriate, see Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969), Chavez-Garcia’s motion is GRANTED. The district court’s judgment is AFFIRMED.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.