Case Explained: Summary Calendar United States of America Plaintiff— v. Cesar Delgado Defendant—

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-16 The Fifth Circuit granted the government’s motion for summary affirmance and affirmed the district court’s judgment upholding Cesar Delgado’s conviction and sentence for illegal reentry in violation of 8 U.S.C. § 1326(a). The court applied the rule established in *Almendarez-Torres v. United States*, which permits a sentencing judge to find the fact of a prior conviction without it being alleged in the indictment or proven to a jury, thereby creating a narrow exception to the general requirement under *Apprendi v. New Jersey* that any fact increasing the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury. Because Delgado conceded that his argument regarding the Fifth and Sixth Amendments was foreclosed by this precedent, the court found no merit in his claim and denied his alternative motion for an extension of time as moot. The practical consequence is that Delgado’s sentence of 51 months of imprisonment and three years of supervised release remains in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.