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United States v. Castillo-Hernandez
Citation: 87 F. App'x 949Docket: No. 03-40942
Court: Court of Appeals for the Fifth Circuit; February 17, 2004; Federal Appellate Court
Jose Marcos Castillo-Hernandez argues on appeal that the aggravated felony enhancement in 8 U.S.C. 1326(b) is unconstitutional based on the precedent set in Apprendi v. New Jersey, which challenges the constitutionality of certain sentencing enhancements. He acknowledges that this contention is currently barred by the ruling in Almendarez-Torres v. United States but claims that Almendarez-Torres has been undermined by subsequent decisions, particularly Apprendi. Castillo-Hernandez aims to preserve this legal issue for potential review by the Supreme Court. The court ultimately affirms the judgment, and the opinion is designated as non-published and non-precedential under specific 5th Circuit rules.