UNITED STATES v. CONTRERAS-ROJAS

No. 21-50500 Summary Calendar.

16 F.4th 479 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando CONTRERAS-ROJAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed October 29, 2021.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Kristin Michelle Kimmelman , Assistant Federal Public Defender, Maureen Scott Franco , Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before Davis, Jones, and Elrod, Circuit Judges.


Fernando Contreras-Rojas appeals the sentence imposed following his guilty plea conviction of illegal reentry. The sole argument Contreras-Rojas raises on appeal is that the enhancement of his sentence under 8 U.S.C. § 1326(b)(1) is unconstitutional because the fact of a prior conviction was neither found by a jury nor alleged in the indictment...

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