Narrative Opinion Summary
Heriberto Garcia-Mesa appeals his conviction and 37-month sentence for being a previously deported alien unlawfully present in the United States. He challenges the constitutionality of 8 U.S.C. § 1326(b), citing Almendarez-Torres v. United States, which he argues was wrongly decided and could be overruled following Apprendi v. New Jersey. However, the court affirms that Almendarez-Torres remains binding precedent, consistently upheld in previous rulings, such as United States v. Garza-Lopez. Garcia acknowledges that his argument is foreclosed by existing case law but presents it to preserve it for potential further review. The court affirms the conviction and indicates that this opinion is not to be published or used as precedent except under specific circumstances outlined in 5th Circuit rules.
Legal Issues Addressed
Binding Precedent of Almendarez-Torres v. United Statessubscribe to see similar legal issues
Application: The court affirmed the conviction by referencing the binding nature of Almendarez-Torres, which has been consistently upheld in subsequent rulings.
Reasoning: However, the court affirms that Almendarez-Torres remains binding precedent, consistently upheld in previous rulings, such as United States v. Garza-Lopez.
Constitutionality of 8 U.S.C. § 1326(b)subscribe to see similar legal issues
Application: The appellant challenged the constitutionality of 8 U.S.C. § 1326(b), arguing it was wrongly decided in Almendarez-Torres v. United States, but the court upheld the statute as binding precedent.
Reasoning: He challenges the constitutionality of 8 U.S.C. § 1326(b), citing Almendarez-Torres v. United States, which he argues was wrongly decided and could be overruled following Apprendi v. New Jersey.
Preservation of Legal Argument for Further Reviewsubscribe to see similar legal issues
Application: The appellant acknowledged that his argument was foreclosed by existing case law but presented it to preserve it for potential further review.
Reasoning: Garcia acknowledges that his argument is foreclosed by existing case law but presents it to preserve it for potential further review.
Publication and Precedential Use of Unpublished Opinionssubscribe to see similar legal issues
Application: The court indicated that this opinion is not to be published or used as precedent except under specific circumstances outlined in the 5th Circuit rules.
Reasoning: The court affirms the conviction and indicates that this opinion is not to be published or used as precedent except under specific circumstances outlined in 5th Circuit rules.