Background
Jose Cutberto Arellano-Alvarado was convicted of illegal reentry in violation of Section thirteen twenty-six subsection a of Title eight of the United States Code. He appealed, arguing that the statutory sentencing enhancement in Section thirteen twenty-six subsection b is unconstitutional. The Government filed a motion for summary affirmance.
The court’s reasoning
The court stated that the argument regarding the constitutionality of the sentencing enhancement is foreclosed by Almendarez-Torres versus United States. The court noted that the Supreme Court has explained that Almendarez-Torres persists as a narrow exception permitting judges to find only the fact of a prior conviction. The court cited United States versus Pervis and Erlinger versus United States in support of this conclusion.
The parties are correct that the argument is foreclosed.
United States v. Arellano-Alvarado, 25-50971 (5th Cir. 2026)
What it means going forward
The decision reinforces that challenges to the constitutionality of the illegal reentry sentencing enhancement based on prior conviction findings are not viable under current Fifth Circuit and Supreme Court precedent.
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