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U.S. V. Molina-Cano

United States Court of Appeals, Fifth Circuit
Sep 27, 2007
249 F. App'x 330 (5th Cir. 2007)

Opinion

No. 06-40008 Summary Calendar.

September 27, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Molly E. Odom, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, No. 7:04-CR-760.

Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.


Carlos Molina-Cano appeals his guilty-plea conviction of and sentence for illegal reentry following deportation. He argues that the district court erroneously construed his Texas conviction of aggravated assault as a crime of violence and incorrectly applied a sentence enhancement under U.S.S.G. § 2L1.2. Our recent decision in United States v. Guillen-Alvarez, 489 F.3d 197, 199-201 (5th Cir. 2007), renders Molina-Cano's argument unavailing.

In light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Molina-Cano 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 that 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). Accord United States v. Galvan-Lozano, 242. FedAppx. 234, 234-35 (5th Cir. 2007) (per curiam).

AFFIRMED.


Summaries of

U.S. V. Molina-Cano

United States Court of Appeals, Fifth Circuit
Sep 27, 2007
249 F. App'x 330 (5th Cir. 2007)
Case details for

U.S. V. Molina-Cano

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Carlos Eliud MOLINA-CANO…

Court:United States Court of Appeals, Fifth Circuit

Date published: Sep 27, 2007

Citations

249 F. App'x 330 (5th Cir. 2007)

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