United States Court of Appeals 

for the Fifth Circuit 

No. 20-50722 

Summary Calendar 

United States of America, 

Plaintiff—Appellee, 

versus

Mayra Vanessa Gandara Escarcega, 

Defendant—Appellant, 

consolidated with 

_____________ 

No. 20-50727 

_____________ 

United States of America, 

Plaintiff—Appellee, 

versus

Mayra Vanessa Gandara-Escarcega, 

Defendant—Appellant. 

United States Court of Appeals 

Fifth Circuit 

FILED 

February 25, 2021 

Lyle W. Cayce 

Clerk 

Case: 20-50722 Document: 00515756982 Page: 1 Date Filed: 02/25/2021
No. 20-50722 

 c/w No. 20-50727 

2 

Appeals from the United States District Court 

for the Western District of Texas 

USDC No. 4:19-CR-862-1 

USDC No. 4:19-CR-800-1 

Before Davis, Stewart, and Dennis, Circuit Judges.

Per Curiam:*

Mayra Vanessa Gandara Escarcega appeals the within-guidelines 

sentence of 30 months of imprisonment and three years of supervised release 

imposed following her guilty plea conviction for illegal reentry after removal 

from the United States, in violation of 8 U.S.C. § 1326. She also appeals the 

concomitant revocations of her supervised release terms related to her prior 

convictions for attempted money laundering and conspiracy to possess with 

intent to distribute 1,000 kilograms or more of marijuana and five kilograms 

or more of cocaine. 

Raising one issue on appeal, Gandara Escarcega argues that she is 

entitled to resentencing for her new illegal reentry conviction because the 

sentencing enhancement provisions set forth under § 1326(b) are 

unconstitutional. She concedes that this argument is foreclosed by 

Almendarez-Torres v. United States, 523 U.S. 224, 226-27, 229-35 (1998), and 

she seeks to preserve the issue for further review. The Government filed an 

unopposed motion for summary affirmance agreeing that the issue is 

foreclosed and, in the alternative, a motion for an extension of time to file a 

brief. 

*

 Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4. 

Case: 20-50722 Document: 00515756982 Page: 2 Date Filed: 02/25/2021
No. 20-50722 

 c/w No. 20-50727 

3 

As the Government argues, and Gandara Escarcega agrees, the sole 

issue raised on appeal is foreclosed by Almendarez-Torres. See United States 

v. Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. PinedaArrellano, 492 F.3d 624, 625-26 (5th Cir. 2007). Because the issue is 

foreclosed, summary affirmance is appropriate. See Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). 

Although the appeals of Gandara Escarcega’s illegal reentry 

conviction and supervised release revocations were consolidated, she does 

not address the revocations in her appellate brief. Consequently, she has 

abandoned any challenge she could have raised to the revocations or 

revocation sentences. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th 

Cir. 1993). 

Accordingly, the Government’s motion for summary affirmance is 

GRANTED, and the judgments of the district court are AFFIRMED. 

The Government’s alternative motion for an extension of time to file a brief 

is DENIED.

Case: 20-50722 Document: 00515756982 Page: 3 Date Filed: 02/25/2021