United States v. Razo
United States v. Razo
Opinion of the Court
ORDER
Hector Razo, a Mexican citizen, pleaded guilty to being present in the United States without the express consent of the Attorney General after having been deported, 8 U.S.C. § 1326(a), and was sentenced to 57 months’ imprisonment. Razo had been deported after serving a 60-month prison term for conspiracy to possess cocaine with intent to distribute, an aggravated felony. See 21 U.S.C. §§ 846, 841(a)(1); 8 U.S.C. § 1101(a)(43). As a result of his prior conviction he faced a maximum prison term of 20 years, rather than the two-year default maximum. Compare 8 U.S.C. § 1326(b)(2) with id. § 1326(a).
On appeal Razo maintains that his sentence was imposed in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the prior conviction used to support the increased maximum was not charged in the indictment. The Supreme Court has held
Reference
- Full Case Name
- United States v. Hector RAZO
- Status
- Published