United States v. Chica-Chacon

U.S. Court of Appeals for the Fifth Circuit
United States v. Chica-Chacon, 250 F. App'x 632 (5th Cir. 2007)

United States v. Chica-Chacon

Opinion

PER CURIAM: *

Miguel Angel Chica-Chacon appeals the 57-month sentence imposed following his guilty plea to illegally reentering the United States following previous deportation. Chica-Chacon argues that the district court erred in applying the sentence enhancement under U.S.S.G. § 2L1.2 because his prior Texas convictions for aggravated assault do not qualify as crimes of violence. In light of our recent decision in United States v. Guillen-Alvarez, 489 F.3d 197, 199-201 (5th Cir. 2007), Chica-Chacon’s argument is unavailing.

In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Chica-Chacon challenges the constitutionality of 8 U.S.C. § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury. This court has held that this issue is “fully foreclosed from further debate.” United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert, filed (Aug. 28, 2007) (No. 07-6202).

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *634 the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Miguel Angel CHICA-CHACON, Also Known as Miguel Angel Chacon, Defendant-Appellant
Status
Unpublished