Petition for Writ of Certiorari — Hilario Corona Botello, Petitioner v. United States

Appendix A

Case: 25-10828

Document: 60-1

Page: 1

Date Filed: 03/12/2026

United States Court of Appeals

for the Fifth Circuit

____________

United States Court of Appeals

Fifth Circuit

FILED

No. 25-10828

Summary Calendar

____________

March 12, 2026

Lyle W. Cayce

Clerk

United States of America,

Plaintiff—Appellee,

versus

Hilario Corona Botello,

Defendant—Appellant.

______________________________

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:24-CR-312-1

______________________________

Before Smith, Higginson, and Wilson, Circuit Judges.

Per Curiam: *

Hilario Corona Botello appeals following his conviction for illegal

reentry in violation of 8 U.S.C. § 1326(a) and (b)(1), arguing that the

statutory sentencing enhancement in § 1326(b) is unconstitutional. He

concedes this argument is foreclosed by Almendarez-Torres v. United States,

523 U.S. 224 (1998). The Government filed an unopposed motion for

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Petition Appendix

1a

Case: 25-10828

Document: 60-1

Page: 2

Date Filed: 03/12/2026

No. 25-10828

summary affirmance or, alternatively, for an extension of time in which to file

a brief.

Corona Botello concedes his arguments are 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”

(cleaned

up)).

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 AS MOOT, and

the judgment of the district court is AFFIRMED.

Petition Appendix

2

2a

Appendix B

Case 4:24-cr-00312-O

Document 1

Filed 12/11/24

Page 1 of 3

PageID 1

25-10828.8

Petition Appendix

3a

Case 4:24-cr-00312-O

Document 1

Filed 12/11/24

Page 2 of 3

PageID 2

25-10828.9

Petition Appendix

4a

Appendix C

^riln

Case 4:24-cr-00312-O

tNl

lt I

Document 16

Filed 03/14/25

Page 1 of 2

PageID 26

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

UNITED STATES OF AMERICA

No. 4:24-CR-312-O

HTLARTO CORONA-BOTELLO (0 1 )

FACTUAL RESUME

I.

Plea

Count One: Illegal Reentry after Deportation, in violation of 8 U.S.C. $$

r326(a) & (bxl).

IL

Maximum Penalties

The maximum penalties the Court can impose include:

a.

b.

c.

a term of imprisonment not to exceed ten (10) years;

a fine not to exceed $250,000;

a term of supervised release not to exceed three (3) years, which can be

revoked and the defendant sentenced to an additional period of confinement

if the defendant violates the conditions of supervised release;

d.

e.

f.

amandatory special assessment of $100;

costs of incarceration and supervision; and

potential consequences with respect to the defendant's immigration status,

including rernoval from the United States and other immigration

consequences, even though such consequences are the subject ofa separate

proceeding.

Factual Resume - Page I

25-10828.29

Petition Appendix

5a

Case 4:24-cr-00312-O

III.

Document 16

Filed 03/14/25

Page 2 of 2

PageID 27

Essential Elements of the Offense:

In order to establish the offense alleged in Count One, the government must prove

the following elements beyond a reasonable doubt:

First:

Second

Third

Fourth:

IV.

That on or about the date alleged, the defendant was an alien;

That the defendant was previously removed from the United States;

That the defendant was found in the United States; and

That the defendant had not received the express consent of either the

Attomey General of the United States or the Secretary of the

Department of Homeland Security to reapply for admission to the

United States since the time of the defendant's previous removal.

Stipulation of Facts:

Hilario Corona-Botello (Corona) is a citizen and national of Mexico with no legal

status in the United States. On March 7,2024, Corona was deported and removed to

Mexico through El Paso, Texas. On August 7,2024, Corona was encountered by

immigration authorities at the Arlington City Jail, within the Fort Worth Division of the

Federal Northern Distnct of Texas. Corona had re-entered the United States illegally,

and he had not applied for nor received permission from the Attomey General of the

United States or the Secretary of the Department of Homeland Security to reapply for

admission to the United States at any time after being deported.

sTGNED on this th. i&Say or

HILARI

Amfg

2025

PIA LEDERMAN

Attorney for Defendant

CORONA-BOTELLO

Defendant

Factual Resume -Page 2

25-10828.30

Petition Appendix

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Appendix D

Case 4:24-cr-00312-O

Document 31

Filed 07/11/25

Page 1 of 4

UNITED STATES DISTRICT COURT

PageID 65

NORTHERN DISTRICT OF TEXAS

Fort Worth Division

UNITED STATES OF AMERICA

JUDGMENT IN A CRIMINAL CASE

v.

Case Number: 4:24-CR-00312-O(01)

U.S. Marshal’s No.: 60917-511

Justin C Beck, Assistant U.S. Attorney

Pia R Lederman, Attorney for the Defendant

HILARIO CORONA BOTELLO

On March 26, 2025 the defendant, HILARIO CORONA BOTELLO, entered a plea of guilty as to Count

One of the Indictment filed on December 11, 2024. Accordingly, the defendant is adjudged guilty of such Count,

which involves the following offense:

Title & Section

8 U.S.C. § 1326(a) and (b)(1)

Nature of Offense

Illegal Reentry After Deportation

Offense Ended

08/07/2024

Count

One

The defendant is sentenced as provided in pages 2 through 4 of this judgment. The sentence is imposed

pursuant to Title 18, United States Code § 3553(a), taking the guidelines issued by the United States Sentencing

Commission pursuant to Title 28, United States Code § 994(a)(1), as advisory only.

The defendant shall pay immediately a special assessment of $100.00 as to Count One of the Indictment

filed on December 11, 2024.

The defendant shall notify the United States Attorney for this district within thirty days of any change of

name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this

judgment are fully paid.

Sentence imposed July 11, 2025.

____________________________________________

REED O’CONNOR

U.S. DISTRICT JUDGE

Signed July 11, 2025.

Petition Appendix

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Case 4:24-cr-00312-O

Document 31

Filed 07/11/25

Page 2 of 4

PageID 66

Page 2 of 4

Judgment in a Criminal Case

Defendant: HILARIO CORONA BOTELLO

Case Number: 4:24-CR-00312-O(1)

IMPRISONMENT

The defendant, HILARIO CORONA BOTELLO, is hereby committed to the custody of the Federal

Bureau of Prisons (BOP) to be imprisoned for a term of THIRTY-SEVEN (37) MONTHS as to Count One of

the Indictment filed on December 11, 2024. This sentence shall run consecutively to the defendant's undischarged

term of imprisonment in Case Nos. 1833798 and 1836641 in the 432nd Judicial District Court, Tarrant County,

Texas, as they are unrelated to the instant offense.

The defendant is remanded to the custody of the United States Marshal.

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of

THREE (3) YEARS as to Count One of the Indictment filed on December 11, 2024.

As a condition of supervised release, upon the completion of the sentence of imprisonment, the defendant

shall be surrendered to a duly-authorized immigration official for deportation in accordance with the established

procedures provided by the Immigration and Nationality Act, 8 USC § 1101 et seq. As a further condition of

supervised release, if ordered deported or removed, the defendant shall remain outside the United States.

In the event the defendant is not deported immediately upon release from imprisonment, or should the

defendant ever be within the United States during any portion of the term of supervised release, the defendant

shall also comply with the standard conditions contained in the Judgment and shall comply with the mandatory

and special conditions stated herein.

As part of your supervised release, you must comply with the following standard conditions of

supervision. These conditions are imposed because they establish the basic expectations for your behavior while

on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court

about, and bring about improvements in your conduct and condition.

( 1)

( 2)

( 3)

( 4)

( 5)

You must report to the probation office in the federal judicial district where you are authorized to

reside within 72 hours of your release from imprisonment, unless the probation officer instructs

you to report to a different probation office or within a different time frame.

After initially reporting to the probation office, you will receive instructions from the court or the

probation officer about how and when you must report to the probation officer, and you must report

to the probation officer as instructed.

You must not knowingly leave the federal judicial district where you are authorized to reside

without first getting permission from the court or the probation officer.

You must answer truthfully the questions asked by your probation officer.

You must live at a place approved by the probation officer. If you plan to change where you live

or anything about your living arrangements (such as the people you live with), you must notify the

probation officer at least 10 days before the change. If notifying the probation officer in advance

is not possible due to unanticipated circumstances, you must notify the probation officer within 72

hours of becoming aware of a change or expected change.

Petition Appendix

8a

Case 4:24-cr-00312-O

Document 31

Filed 07/11/25

Page 3 of 4

Page 3 of 4

Judgment in a Criminal Case

Defendant: HILARIO CORONA BOTELLO

Case Number: 4:24-CR-00312-O(1)

( 6)

( 7)

( 8)

( 9)

(10)

(11)

(12)

(13)

PageID 67

You must allow the probation officer to visit you at any time at your home or elsewhere, and you

must permit the probation officer to take any items prohibited by the conditions of your supervision

that he or she observes in plain view.

You must work full time (at least 30 hours per week) at a lawful type of employment, unless the

probation officer excuses you from doing so. If you do not have full-time employment you must

try to find full-time employment, unless the probation officer excuses you from doing so. If you

plan to change where you work or anything about your work (such as your position or your job

responsibilities), you must notify the probation officer at least 10 days before the change. If

notifying the probation officer at least 10 days in advance is not possible due to unanticipated

circumstances, you must notify the probation officer within 72 hours of becoming aware of a

change or expected change.

You must not communicate or interact with someone you know is engaged in criminal activity. If

you know someone has been convicted of a felony, you must not knowingly communicate or

interact with that person without first getting the permission of the probation officer.

If you are arrested or questioned by a law enforcement officer, you must notify the probation

officer within 72 hours.

You must not own, possess, or have access to a firearm, ammunition, destructive device, or

dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of

causing bodily injury or death to another person such as nunchakus or tasers).

You must not act or make any agreement with a law enforcement agency to act as a confidential

human source or informant without first getting the permission of the court.

If the probation officer determines that you pose a risk to another person (including an

organization), the probation officer may require you to notify the person about the risk and you

must comply with that instruction. The probation officer may contact the person and confirm that

you have notified the person about the risk.

You must follow the instructions of the probation officer related to the conditions of supervision.

In addition the defendant shall:

not commit another federal, state, or local crime;

not illegally possess controlled substances;

cooperate in the collection of DNA as directed by the probation officer;

not possess a firearm, ammunition, destructive device, or any dangerous weapon;

refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15

days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the

court;

pay the assessment imposed in accordance with 18 U.S.C. § 3013; and,

not illegally re-enter the United States, if deported, removed, or allowed voluntary departure.

Petition Appendix

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Case 4:24-cr-00312-O

Document 31

Filed 07/11/25

Page 4 of 4

PageID 68

Page 4 of 4

Judgment in a Criminal Case

Defendant: HILARIO CORONA BOTELLO

Case Number: 4:24-CR-00312-O(1)

FINE/RESTITUTION

The Court does not order a fine or costs of incarceration because the defendant does not have the financial

resources or future earning capacity to pay a fine or costs of incarceration.

Restitution is not ordered because there is no victim other than society at large.

RETURN

I have executed this judgment as follows:

Defendant delivered on _____________________ to ___________________________________

at ________________________________________________, with a certified copy of this judgment.

United States Marshal

BY

Deputy Marshal

Petition Appendix

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