U.S. v. GARCIA

No. 05-41030.

470 F.3d 1143 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald GARCIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 2006.


Attorney(s) appearing for the Case

Jeffery Alan Babcock, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Margaret Christina Ling, Asst. Fed. Pub. Def., Houston, TX, for Garcia.

Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.


PRADO, Circuit Judge:

Defendant-appellant Ronald Garcia appeals his judgment of conviction and sentence, arguing that: (1) the statute under which he was convicted, 21 U.S.C. § 841, is facially unconstitutional under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000); and (2) the district court erred in concluding that his prior conviction for third-degree assault in Colorado qualifies as a crime...

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