Court of Appeals for the Fifth Circuit February 23, 2006, No. 05-40637 (United States v. Reyna-Mata)

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United States · · · 23-02-2006

PER CURIAM: *

Apolonio Reyna-Mata appeals his guilty plea conviction and sentence for illegal reentry after having been previously deported following a prior aggravated felony conviction. He argues that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1826(b)(1) and (2) are unconstitutional in light of Apprendi v. New Jersey, 580 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000).

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