Legal Opinion

United States v. Lopez-Moreno

Court of Appeals for the Fifth Circuit

Decided April 26, 2006No. 05-10010Unpublished

1Opinion of the Court

PER CURIAM: *

Defendant-Appellant Roberto Lopez-Moreno (Lopez) appeals his guilty-plea conviction and sentence for illegal reentry into the United States following removal subsequent to a conviction for an aggravated felony. His constitutional challenge is foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). Although Lopez contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000),…

2Cases cited9 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  5. United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005

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