United States v. Amparano-Torres

Type

Opinion

Per curiam

Yes — no individual author

Filed

June 21, 2022

Case

United States v. Amparano-Torres

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

Case: 21-51074 Document: 00516365031 Page: 1 Date Filed: 06/21/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 21, 2022 No. 21-51074 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Jesus Guadalupe Amparano-Torres, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-548-1 Before Jolly, Willett, and Engelhardt, Circuit Judges. Per Curiam:* Jesus Guadalupe Amparano-Torres appeals the 30-month sentence imposed after his guilty plea conviction for illegal reentry after having previously been deported, pursuant to 8 U.S.C. § 1326(a) and (b)(1). He contends, for the first time on appeal, that it violates the Constitution to treat * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-51074 Document: 00516365031 Page: 2 Date Filed: 06/21/2022 No. 21-51074 a prior conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, rather than as an…

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