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United States v. Morin-Garcia
Citation: 169 F. App'x 284Docket: No. 05-40962
Court: Court of Appeals for the Fifth Circuit; February 22, 2006; Federal Appellate Court
Jaime Morin-Garcia pleaded guilty to illegally re-entering the United States after deportation and received a 46-month prison sentence followed by three years of supervised release. He challenged the constitutionality of the felony and aggravated felony provisions under 8 U.S.C. § 1326(b)(1) and (2), arguing that the Supreme Court's ruling in Almendarez-Torres v. United States, which supports these provisions, is no longer viable due to subsequent cases like Apprendi v. New Jersey and Shepard v. United States. However, the court determined that Morin-Garcia’s constitutional challenge is foreclosed by Almendarez-Torres, which remains binding precedent. Although he acknowledged that his argument is foreclosed by existing law, he raised it to preserve it for potential future review. The court affirmed the lower court's decision, noting that the opinion is not to be published as precedent except under specific circumstances outlined in 5th Cir. R. 47.5.4.