United States v. Garza-De La Cruz Docket: 21-50394 Opinion Date: November 10, 2021 Judge: Per Curiam Areas of Law: Criminal Law The Fifth Circuit granted the government's motion for summary affirmance, denied the government's alternative motion for an extension of time to file a brief, and affirmed the district court's judgment. Defendant pleaded guilty to illegal reentry and was sentenced to 50 months in prison based on the ten-year maximum because of his prior felony conviction. Defendant argues that the enhancement of his sentence based on the prior felony is unconstitutional because it is based on facts neither alleged in his indictment nor proved to a jury beyond a reasonable doubt. However, defendant concedes that this issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 239-47 (1998). Read Opinion
0 Comments
Leave a Reply. |
Louisiana Law BlogLouisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm Archives
December 2023
Categories |