United States Fifth Circuit

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US v. Garcia-Arellano, 06-11276

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


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


  • United States Fifth Circuit


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

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