Background
Orlando Cuevas-Aranda appealed his sentence following a guilty plea conviction for illegal reentry in violation of Section eight thousand one hundred twenty-six of Title eight of the United States Code. He argued that the statutory sentencing enhancement under subsection b of that section was unconstitutional. The Government filed a motion for summary affirmance.
The court’s reasoning
The court noted that the defendant acknowledged his argument was foreclosed by the Supreme Court decision in Almendarez-Torres versus United States. The court cited United States versus Pervis and Erlinger versus United States to confirm that the precedent permitting judges to find only the fact of a prior conviction persists as a narrow exception. Consequently, the court determined that summary affirmance was appropriate.
What it means going forward
The 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.