USA v. Villalobos-Franco, No. 22-50209 (5th Cir. 2022)

 Annotate this Case
Download PDF
Case: 22-50208 Document: 00516532233 Page: 1 Date Filed: 11/03/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-50208 consolidated with No. 22-50209 Summary Calendar FILED November 3, 2022 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Arturo Villalobos-Franco, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 4:18-CR-307-1 USDC No. 4:21-CR-848-1 Before Smith, Wiener, and Elrod, Circuit Judges. Per Curiam:* * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-50208 Document: 00516532233 Page: 2 Date Filed: 11/03/2022 No. 22-50208 c/w No. 22-50209 Defendant-Appellant Arturo Villalobos-Franco appeals his conviction and sentence for illegal reentry after removal in violation of 8 U.S.C. § 1326(a) and (b)(2), consolidated here with the revocation of a term of supervised release for a prior offense. He challenges the constitutionality of 8 U.S.C. § 1326(b), which increases the maximum punishment based on a prior felony or aggravated felony conviction. Villalobos-Franco moves for summary disposition of his own appeal, conceding that the only issue before us is foreclosed by Supreme Court precedent in Al-mendarez-Torres v. United States, 523 U.S. 224 (1998). He raises this issue only to preserve it for further review if case law should develop in his favor. See United States v. Garza-De La Cruz, 16 F.4th 1213, 1214 (5th Cir. 2021). Villalobos-Franco’s motion is GRANTED, and the district court’s judgment is AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.