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Date: 09-27-2024
Case Style:
United States of America v. Martin Diaz-Nunez
Case Number: 3:23-CR-2198
Judge: David Briones
Court: United States District Court for the Western District of Texas (El Paso County)
Plaintiff's Attorney: United States District Attorney's Office in El Paso
Defendant's Attorney:
Description:
El Paso, Texas criminal defense lawyer represented the Defendant charged with illegal reentry of removed alien.
Martin Diaz-Nunez appeals the sentence imposed following his guilty
plea conviction for illegal reentry after removal in violation of 8 U.S.C.
§ 1326. For the first time on appeal, Diaz-Nunez challenges the application
of the enhanced penalty range in § 1326(b) as unconstitutional because it
permits a defendant to be sentenced above the statutory maximum of
§ 1326(a) based on the fact of a prior conviction that was neither alleged in
the indictment nor found by a jury beyond a reasonable doubt. He has filed
an unopposed motion for summary disposition and a letter brief correctly
conceding that this issue is foreclosed by Almendarez-Torres v. United States,
523 U.S. 224 (1998). See United States v. Pervis, 937 F.3d 546, 553-54 (5th
Cir. 2019). He raises the issue to preserve it for Supreme Court review.
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: