CA5: A singularity, or the floodgates open

The Fifth Circuit released 95 opinions (not including 3 revised opinions) in its early evening batch; only one was published.  Of the 94 others, a huge number seem to be grants of government motions to dismiss appeals challenging sentencing enhancements for prior convictions. 

U.S. v. Madrigal is typical, stating that Madrigal “raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense.”