249 F. App'x 336

UNITED STATES of America, Plaintiff-Appellee v. Guadalupe RANGEL-TREVINO, Defendant-Appellant.

No. 06-40381

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 28, 2007.

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

Timothy William Crooks, Assistant Federal Public Defender, Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Having pleaded guilty to being an alien unlawfully found in the United States after deportation, in violation of 8 U.S.C. § 1326, Guadalupe Rangel-Trevino contends the district court erroneously construed his prior Texas conviction for aggravated assault as a crime of violence and incorrectly applied a sentence enhancement under Sentencing Guidelines § 2L1.2. In the light of our court’s recent decision in United States v. Guillen-Alvarez, 489 F.3d 197, 199-201 (5th Cir.2007), Rangel’s assertion is unavailing.

Citing Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), Rangel challenges the constitutionality of § 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. Our court has held this issue “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.

United States v. Rangel-Trevino
249 F. App'x 336

Case Details

Name
United States v. Rangel-Trevino
Decision Date
Sep 28, 2007
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249 F. App'x 336

Jurisdiction
United States

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