Summary
The Fifth Circuit held that the defendant's challenge to his 20-month sentence for illegal reentry under 8 U.S.C. § 1326(b)(1) was foreclosed by *Almendarez-Torres v. United States*, 523 U.S. 224 (1998), which allows the use of prior felony convictions for sentencing enhancements without requiring them to be charged in the indictment. The court granted summary affirmance because the defendant conceded the issue was foreclosed. Additionally, the defendant abandoned his appeal of the revocation of supervised release by failing to raise any arguments on that issue.
Topics
Practice areas
Questions Presented
- Whether the sentence imposed under 8 U.S.C. § 1326(b)(1) exceeded the statutory maximum under § 1326(a) and violated due process because the information did not specify the prior felony conviction.
Holdings
- The issue is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that prior convictions used for sentencing enhancements need not be alleged in the indictment or proven beyond a reasonable doubt.
Key quotations
“the sole issue raised on appeal is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998).” (2)
“But because he has raised no argument with respect to his revocation case, he has abandoned his appeal of the judgment of revocation and of the revocation sentence.” (2)
Factual background
Solis-Colmenero was convicted of illegal reentry following removal under 8 U.S.C. § 1326. He pleaded guilty pursuant to a superseding information that did not specify the prior felony conviction that formed the basis of his sentencing enhancement. The district court sentenced him to 20 months under § 1326(b)(1), which exceeds the two-year maximum under § 1326(a). He also had a revocation of supervised release from an earlier conviction, for which he received an 8-month sentence.
Procedural history
Solis-Colmenero pleaded guilty to illegal reentry pursuant to a superseding information. The district court imposed a 20-month sentence under § 1326(b)(1) and an 8-month revocation sentence. He appealed both judgments.