United States v. Diaz-Cuellar

── United States v. Diaz-Cuellar ── Court: Court of Appeals for the Fifth Circuit Date: April 21, 2026 Category: Direct Criminal Case: 25-11159 Document: 42-1 Page: 1 Date Filed: 04/21/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED April 21, 2026 No. 25-11159 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Manfredi Diaz-Cuellar, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 4:25-CR-135-1 ______________________________ Before Elrod, Chief Judge, and Higginson and Ramirez, Circuit Judges. Per Curiam:* Manfredi Diaz-Cuellar appeals his sentence for illegal reentry in violation of 8 U.S.C. § 1326(a), arguing that the district court unconstitutionally enhanced his sentence under § 1326(b). However, he concedes that his argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998). The Government has filed an unopposed motion _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-11159 Document: 42-1 Page: 2 Date Filed: 04/21/2026 No. 25-11159 for summary affirmance or, alternatively, for an extension of time to file a brief. The parties are correct that Diaz-Cuellar’s sole argument on appeal 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’” (citation omitted)). Summary affirmance is therefore appropriate. See Groendyke Transp. Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). Accordingly, the motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the judgment of the district court is AFFIRMED. 2