Background
Jesus Dorado-Calderon was convicted of illegal reentry in violation of Section thirteen twenty-six of Title eight of the United States Code. He appealed his conviction, arguing that the statutory sentencing enhancement under Section thirteen twenty-six, subsection B, was unconstitutional. The Government filed an unopposed motion for summary affirmance.
The court’s reasoning
The court determined that the defendant’s argument regarding the unconstitutionality of the sentencing enhancement was foreclosed by the Supreme Court’s decision in Almendarez-Torres versus United States. The court noted that Almendarez-Torres persists as a narrow exception permitting judges to find the fact of a prior conviction. Citing United States versus Pervis and Erlinger versus United States, the court concluded that summary affirmance was appropriate.
What it means going forward
This decision reinforces the continued validity of the prior conviction exception established in Almendarez-Torres for sentencing enhancements in illegal reentry cases within the Fifth Circuit.
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