Narrative Opinion Summary
Juan Hernandez-Hernandez's appeal against the judgment in a criminal case is rejected based on the precedent established in Almendarez-Torres v. United States, which clarifies that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) rather than a distinct criminal offense. The Government's motion for summary affirmance is granted, affirming the district court's judgment. Additionally, the court rules that this opinion is not to be published and does not serve as precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.
Legal Issues Addressed
Non-Publication and Non-Precedential Status of Opinionsubscribe to see similar legal issues
Application: The court determined that this opinion is not to be published and does not serve as precedent, except under specific conditions dictated by circuit rules.
Reasoning: Additionally, the court rules that this opinion is not to be published and does not serve as precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.
Prior Conviction as Sentencing Factor under 8 U.S.C. § 1326(b)(2)subscribe to see similar legal issues
Application: The court applied the precedent from Almendarez-Torres v. United States to reject the appeal, confirming that a prior conviction is considered a sentencing factor, not a separate criminal offense.
Reasoning: Juan Hernandez-Hernandez's appeal against the judgment in a criminal case is rejected based on the precedent established in Almendarez-Torres v. United States, which clarifies that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) rather than a distinct criminal offense.
Summary Affirmance of District Court's Judgmentsubscribe to see similar legal issues
Application: The Government's motion for summary affirmance was granted, thereby upholding the district court's decision without a full hearing.
Reasoning: The Government's motion for summary affirmance is granted, affirming the district court's judgment.