United States v. Venzor-Ortega

Type

Opinion

Per curiam

Yes — no individual author

Filed

June 17, 2022

Case

United States v. Venzor-Ortega

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: 21-51197 Document: 00516361287 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. 21-51197 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Bernardino Adrian Venzor-Ortega, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 4:21-CR-685-1 Before Jones, Elrod, and Higginson, Circuit Judges. Per Curiam:* Bernardino Adrian Venzor-Ortega appeals his sentence of 24 months of imprisonment and three years of supervised release for his guilty plea conviction of illegal reentry after removal from the United States, in violation of 8 U.S.C. § 1326(a). * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.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: 21-51197 Document: 00516361287 Page: 2 Date Filed: 06/17/2022 No. 21-51197 For the first time on appeal, he challenges the district court’s application of the enhanced penalty in 8 U.S.C. § 1326(b) as unconstitutional because it permits a…

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