Case Explained: Summary Calendar United States of America Plaintiff— v. Carlos Cuellar-Lopez Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-18 The Fifth Circuit granted the Government’s motion for summary affirmance and affirmed the judgment of the district court upholding Carlos Cuellar-Lopez’s conviction and sentence for illegal reentry under 8 U.S.C. § 1326(a) and (b). The court held that Cuellar-Lopez’s argument challenging the constitutionality of the recidivism enhancement in § 1326(b) is foreclosed by the Supreme Court’s decision in *Almendarez-Torres v. United States*, which permits judges to find only the fact of a prior conviction without a jury determination, as reaffirmed in *Erlinger v. United States*. Because this legal issue was already settled precedent within the Fifth Circuit and acknowledged by the appellant as foreclosed, the court denied Cuellar-Lopez’s alternative motion for an extension of time as moot. Consequently, the judgment of the Western District of Texas remains in effect, and the defendant’s conviction stands subject only to potential future review by the Supreme Court. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.