Legal Opinion
United States v. Pineda-Arrellano
Court of Appeals for the Fifth Circuit
Decided July 17, 2007No. 06-41156PublishedCited by 608 opinions
1Opinion of the Court
*625EDITH H. JONES, Chief Judge:
Agustín Pineda-Arrellano (“Pineda”) appeals his guilty plea conviction and sentence for illegal reentry. Pineda argues that the felony and aggravated felony provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the courts treat a defendant’s prior felony conviction as a statutory ground for a sentencing enhancement rather than as an element of the offense, which, pursuant to the Sixth Amendment, should be presented to the jury. Pineda’s case is one of…
2Cases cited6 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- James v. United StatesSupreme Court of the United States · 2007
- United States v. Oscar Garza-LopezCourt of Appeals for the Fifth Circuit · 2005
- United States v. Darrel Duane GriselCourt of Appeals for the Ninth Circuit · 2007
1 more not listed; retrieve them via the Exa API.
3Cited by608 opinions
- United States v. Gomez-HerreraCourt of Appeals for the Fifth Circuit · 2008
- United States v. Lopez-VelasquezCourt of Appeals for the Fifth Circuit · 2008
- United States v. RodriguezCourt of Appeals for the Fifth Circuit · 2008
- United States v. BonillaCourt of Appeals for the Fifth Circuit · 2008
- United States v. Gonzalez-TerrazasCourt of Appeals for the Fifth Circuit · 2008
603 more not listed; retrieve them via the Exa API.