United States v. Montoya-De La Cruz

Type

Opinion

Per curiam

Yes — no individual author

Filed

June 17, 2022

Case

United States v. Montoya-De La Cruz

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: 21-50850 Document: 00516360935 Page: 1 Date Filed: 06/17/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED June 17, 2022 No. 21-50850 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Ramiro Montoya-De La Cruz, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-336-1 Before Higginbotham, Higginson, and Duncan, Circuit Judges. Per Curiam:* Ramiro Montoya-De La Cruz appeals his conviction and sentence under 8 U.S.C. § 1326(a) and (b)(1). For the first time on appeal, he contends that it violates the Constitution to treat a prior conviction that increases the statutory maximum under § 1326(b) as a sentencing factor, * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-50850 Document: 00516360935 Page: 2 Date Filed: 06/17/2022 No. 21-50850 rather than as an element of the offense. He correctly concedes that his argument is foreclosed by Almendarez-Torres v. Unite…

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