Court of Appeals for the Fifth Circuit October 22, 2003, No. 03-40507 (United States v. Fuentes)
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United States · · · 22-10-2003
PER CURIAM.*
Carmen Noel Fuentes appeals his sentence for his guilty-plea conviction for ille*31gal reentry into the country after having been deported following an aggravated felony conviction. See 8 U.S.C. § 1326(b)(2). For the first time on appeal, he argues that § 1326(b)(2) is unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).
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