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

United States v. Martinez-Perez

United States v. Martinez-Perez
U.S. Court of Appeals for the Fifth Circuit · Decided December 17, 2004 · King, Demoss, Clement
115 F. App'x 233

United States v. Martinez-Perez

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Victor Martinez-Perez raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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. 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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