United States v. Ruiz-Levario
Opinion
Appealing the Judgment in a Criminal Case, Roman Ruiz-Levario 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 *270 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Roman RUIZ-LEVARIO, Also Known as Ramon Ruiz, Defendant-Appellant
- Cited By
- 3 cases
- Status
- Unpublished