United States v. Hernandez-Grimaldo
United States v. Hernandez-Grimaldo
Opinion of the Court
Francisco Hernandez-Grimaldo appeals his sentence following his guilty-plea conviction for illegal reentry into the United States. Hernandez-Grimaldo argues that the district court erred in sentencing him under a mandatory sentencing guidelines scheme. He acknowledges that this claim is reviewed for plain error only.
Hernandez-Grimaldo’s argument that the sentencing provisions in 8 U.S.C. § 1326(b) are unconstitutional is, as he concedes, foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 247, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). See Apprendi v. New Jersey, 530 U.S. 466, 489-490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000);
Hemandez-Grimaldo has shown no reversible error in the district court’s judgment. Consequently, that judgment is AFFIRMED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.