United States Fifth Circuit

A sentence for unlawful reentry following removal from the United States is affirmed over claims that: 1) the district court plainly erred by enhancing his sentence based on the determination that his prior Texas conviction for unlawful delivery of cocaine qualified as a drug-trafficking offense under the sentencing guidelines; and 2) the felony and aggravated felony provisions of 8 U.S.C. section 1326(b) are unconstitutional.

Appellate Information

• Decided 03/25/2008
• Published 03/26/2008

Judges

• EMILIO M. GARZA, Circuit Judge:, Before WIENER, GARZA, and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Juan Carlos Rodriguez, Dallas, TX, for U.S.


• For Appellees:
  
• Kevin Joel Page, Dallas, TX, for Defendant-Appellant.