U.S. Court of Appeals for the Fifth Circuit, 2004

United States v. Rodriguez

U.S. Court of Appeals for the Fifth Circuit · Decided December 17, 2004 · King, Demoss, Clement

115 F. App'x 745

Counsel

James Lee Turner, Assistant U.S. Attorney, Julia Bowen Stern, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, Rudy Xavier Rodriguez, Molly E. Odom, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Cases that cite this one

3 later published cases cite this decision.

De La Cruz-Gonzalez v. United States (Supreme Court of the United States 2005)
Cruz v. United States (Supreme Court of the United States 2005)
Cruz v. United States (Supreme Court of the United States 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Jose Alexander Romero Rodriguez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior convic *746 tion is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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