United States v. Julio Cardenas, 606 F. App'x 246

Julio Cesar Cardenas was convicted by a jury on multiple drug- and weapon-related counts and operating an unlicensed money transmitting business.
The district court imposed a mandatory life sentence based on three prior felony drug convictions.
Cardenas did not raise the following issues in the district court; he raised them for the first time on appeal.
On appeal he argued (1) Apprendi/Alleyne error for raising his statutory minimum via prior convictions not charged to the jury, (2) the three related prior felony drug convictions should be treated as a single conviction, (3) Alleyne error for increasing his Guidelines range on facts not found by a jury, and (4) an Eighth Amendment disproportionate-sentences claim.
Because the issues were forfeited, the Fifth Circuit reviewed only for plain error (requiring clear or obvious error that affects substantial rights and seriously affects the fairness, integrity, or public reputation of judicial proceedings).
The court concluded most arguments were foreclosed by binding precedent and affirmed the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Apprendi/Alleyne barred raising statutory minimum based on prior convictions not charged to the jury	Cardenas: His statutory minimum was increased by prior convictions not charged or found by a jury, violating Apprendi/Alleyne	Government: Prior-conviction sentencing enhancements are governed by Almendarez-Torres and do not require jury finding	Foreclosed by precedent; no plain error — upheld under Almendarez-Torres
Whether three related prior felony drug convictions should be treated as one conviction	Cardenas: The related convictions were part of the same course of conduct and should count as one for sentencing	Government: Convictions were sequential and properly counted separately	No error; convictions were sequential so separate for sentencing under Barr; affirmed
Whether Alleyne required jury findings for facts that increased Guidelines range	Cardenas: Guidelines increase based on facts not found by jury violates Alleyne	Government: Fifth Circuit precedent does not apply Alleyne to the Guidelines in the asserted way	Foreclosed by circuit precedent; no reversible plain error
Whether the sentence violated the Eighth Amendment as grossly disproportionate	Cardenas: Mandatory life was grossly disproportionate to his crimes	Government: Harsh sentence authorized by statute and controlled by precedent permitting severe drug penalties	Eighth Amendment challenge foreclosed by Supreme Court and Fifth Circuit precedent; affirmed

Apprendi v. New Jersey, 530 U.S. 466 (2000) (holding facts that increase statutory penalties must be submitted to a jury and proved beyond a reasonable doubt, with recognized exception for prior convictions)
Almendarez-Torres v. United States, 523 U.S. 224 (1998) (prior convictions may be treated as sentencing factors and need not be alleged in the indictment or proved to a jury)
Alleyne v. United States, 570 U.S. 99 (2013) (any fact that increases mandatory minimum sentence must be submitted to a jury and proved beyond a reasonable doubt)
Harmelin v. Michigan, 501 U.S. 957 (1991) (Eighth Amendment does not prohibit severe mandatory sentences in certain contexts)
Rummel v. Estelle, 445 U.S. 263 (1980) (upholding a life sentence under recidivist statutes against Eighth Amendment challenge)
United States v. Wallace, 759 F.3d 486 (5th Cir. 2014) (Fifth Circuit precedent on sentencing issues following Alleyne)
United States v. Tuma, 738 F.3d 681 (5th Cir. 2013) (addressing Alleyne and sentencing in this circuit)
United States v. Barr, 130 F.3d 711 (5th Cir. 1997) (sequentially committed offenses count as separate convictions for sentence enhancement)
Puckett v. United States, 556 U.S. 129 (2009) (standard for plain-error review)
Jacobs v. National Drug Intelligence Center, 548 F.3d 375 (5th Cir. 2008) (panel cannot overrule circuit precedent absent intervening authority)
Salazar, 542 F.3d 139 (5th Cir. 2008) (discussing standard of review when issues are not preserved)