Background
Agustin Ruiz-Vazquez was sentenced for illegal reentry under Section eight thousand three hundred twenty-six, subsection one of Title eight of the United States Code. He challenged the sentence by arguing that the statute is unconstitutional because it treats a prior conviction that increases the statutory maximum as a sentencing factor rather than an element of the offense.
The court’s reasoning
The court noted that the defendant correctly conceded that his argument was foreclosed by the Supreme Court decision in Almendarez-Torres v. United States. Citing Groendyke Transportation, Inc. v. Davis, the court found that there could be no substantial question as to the outcome of the case given the binding precedent.
there can be no substantial question as to the outcome of the case
Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969)
What it means going forward
The judgment of the district court is affirmed, leaving the sentence for illegal reentry in place without further review of the constitutional challenge.