United States Fifth Circuit

A sentence for being unlawfully present in the U.S. after deportation is affirmed over claims that: 1) a prior Georgia offense was not a drug trafficking offense, for purposes of a sentence enhancement under the U.S.S.G.; 2) 8 U.S.C. section 1326(b)(1) and (2) are facially unconstitutional; and 3) those provisions are unconstitutional as applied to defendant. (Substituted opinion)

Appellate Information

• Decided 10/31/2007
• Published 11/01/2007

Judges

• OWEN, Circuit Judge:, Before SMITH, WIENER, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Michelle Palacios, McAllen, TX, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.


• For Appellees:
  
• Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.