United States v. Hernandez-Aguirre
Opinion
Pedro Jaimes-Aguirre (Jaimes) appeals his guilty-plea conviction and sentence for illegal reentry after having previously been deported. Jaimes contends that his sentence is unreasonable because this court’s post-Booker 1 rulings have effectively reinstated the mandatory guidelines regime condemned in Booker. As Jaimes concedes, this argument is foreclosed. See Rita v. United States, — U.S.-,-, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007).
In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Jaimes 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), cert. denied - U.S. -, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008).
■The judgment of the district court is AFFIRMED.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee v. Pedro JAIMES-AGUIRRE, Defendant-Appellant
- Status
- Unpublished