Case Explained: Summary Calendar United States of America Plaintiff— v. Luis Joel Gonzalez-Pena Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-07-24 The fifth-circuit granted the government’s motion for summary affirmance and affirmed the district court’s judgment upholding Luis Joel Gonzalez-Pena’s conviction and sentence for illegal reentry under 8 U.S.C. § 1326(a). The court held that Gonzalez-Pena’s argument challenging the constitutionality of the enhancement in § 1326(b) is foreclosed by Supreme Court precedent in *Almendarez-Torres v. United States*, which permits judges to find only the fact of a prior conviction without requiring it to be submitted to a jury. This position is further supported by circuit precedent in *United States v. Pervis* and the Supreme Court’s clarification in *Erlinger v. United States*. Consequently, the court denied the government’s alternative motion for an extension of time and left the district court’s judgment in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.