Summary
The Fifth Circuit modified a judgment for illegal reentry under 8 U.S.C. § 1326, holding that the district court plainly erred by designating the conviction under § 1326(b)(2) because the defendant's prior Texas burglary of a habitation was not an "aggravated felony" under the now-unconstitutional definition in 18 U.S.C. § 16(b). The court reformed the judgment to reflect sentencing under § 1326(b)(1) and affirmed as modified. The defendant's separate due process challenge—that his sentence exceeded the statutory maximum charged in the indictment—was correctly conceded as foreclosed by *Almendarez-Torres v. United States*.
Topics
Practice areas
Questions Presented
- Whether Castro-Lopez's sentence violated due process because it exceeded the statutory maximum charged in the indictment.
- Whether the district court plainly erred by stating in the judgment that his conviction was punishable under § 1326(b)(2) rather than § 1326(b)(1).
Holdings
- This argument is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 226–27 (1998).
- The district court plainly erred; the judgment should be modified to reflect sentencing under § 1326(b)(1) because the prior Texas burglary of a habitation is not an aggravated felony under current law.
Key quotations
“We therefore MODIFY the district court’s judgment to reflect that Castro-Lopez was sentenced according to § 1326(b)(1), and we AFFIRM the judgment AS MODIFIED.” (Page 2)
Factual background
Castro-Lopez pleaded guilty to illegal reentry after deportation. He had a prior Texas conviction for burglary of a habitation. The district court designated his conviction as punishable under § 1326(b)(2), which applies to aggravated felonies. However, subsequent en banc decisions held that burglary of a habitation is not an aggravated felony under 18 U.S.C. § 16(b).
Procedural history
Castro-Lopez pleaded guilty to illegal reentry after deportation in violation of 8 U.S.C. § 1326(a), (b)(1), and (b)(2). He was sentenced to 22 months of imprisonment and a two-year term of supervised release. He appealed.
Remand instructions
The district court's judgment is MODIFIED to reflect that Castro-Lopez was sentenced according to § 1326(b)(1). The judgment is AFFIRMED AS MODIFIED.