Case Explained: United States of America Plaintiff— v. Israel Noe Juarez-Velasquez Defendant—

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-07

The Fifth Circuit granted the government’s motion to reform the judgment by striking the reference to 8 U.S.C. § 1326(b)(2) from the defendant’s sentence and affirmed the modified sentence. The court held that the defendant’s challenge to the constitutionality of his sentence is foreclosed by *Almendarez-Torres v. United States*, 523 U.S. 224 (1998). Additionally, the court denied as moot the government’s motion for an extension of time to file a brief. The practical consequence is that the defendant’s conviction and sentence stand as modified, with the specific statutory enhancement removed from the record.

Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.