United States v. Ruiz-Ruiz
Docket: No. 03-41150
Court: Court of Appeals for the Fifth Circuit; April 21, 2004; Federal Appellate Court
Rene Ruiz-Ruiz appeals his sentence following a guilty plea for illegal reentry after deportation, under 8 U.S.C. § 1326. He challenges the constitutionality of the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2), arguing for a reduction of his conviction to the lesser offense under 8 U.S.C. § 1362(a), and seeks a sentence of no more than two years’ imprisonment with one year of supervised release. Referencing the Supreme Court's decision in Almendarez-Torres v. United States, the court notes that the enhanced penalties in 8 U.S.C. § 1326(b) are considered sentencing provisions rather than elements of separate offenses, and that they do not violate the Due Process Clause. Although Ruiz-Ruiz acknowledges that his arguments are foreclosed by Almendarez-Torres, he claims this precedent has been questioned by Apprendi v. New Jersey. However, the court affirms that Apprendi did not overturn Almendarez-Torres, and it is bound to follow the latter unless the Supreme Court decides otherwise. The district court's judgment is affirmed, and the Government's motion for a summary affirmance is granted. The opinion will not be published and does not set a precedent, as per 5th Cir. R. 47.5.