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

United States v. Rodriguez

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

United States v. Rodriguez

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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