United States v. Corado
United States v. Corado
Opinion of the Court
Jose Luis Corado pleaded guilty to illegal reentry after deportation and was sentenced to 15 months of imprisonment and a three-year term of supervised release.
Corado argues for the first time on appeal that the district court erred in ordering him to cooperate in the collection of a DNA sample as a condition of supervised release and that this condition should therefore be vacated. This claim is DISMISSED for lack of jurisdiction because it is not ripe for review. See United, States v. Riascos-Cuenu, 428 F.3d 1100, 1102 (5th Cir. 2005), petition for cert. filed (Jan. 9, 2006) (No. 05-8662).
Also for the first time on appeal, Corado challenges the constitutionality of 8 U.S.C. ยง 1326(b). His constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct.
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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.