United States v. Rafael Ayala-Solorio

Summary

The Fifth Circuit affirmed a 120-month sentence for illegal reentry under 8 U.S.C. § 1326, holding that the defendant's challenge to the § 1326(b) recidivism enhancement as an element requiring indictment and jury proof is foreclosed by *Almendarez-Torres v. United States*, 523 U.S. 224 (1998). The court granted summary affirmance, rejecting the argument that the guilty plea was invalid for lack of notice of the enhancement.

Holdings

1. The recidivism enhancement is not an element of the offense; it is a sentencing factor that need not be alleged in the indictment. This is foreclosed by Almendarez-Torres.

Questions Presented

1. Whether the recidivism enhancement set forth in § 1326(b) is an element of the offense that must be alleged in the indictment and proven beyond a reasonable doubt to a jury, such that the guilty plea is invalid and the sentence illegal.

Disposition

affirmed