United States v. Villa Tellez

U.S. Court of Appeals for the Fifth Circuit December 17, 2004

United States v. Villa Tellez, 115 F. App'x 273 (5th Cir. 2004)

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Hilario Villa Tellez 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 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Hilario VILLA TELLEZ, Also Known as Arturo Villanueva-Garcia, Also Known as Hilario Villa-Telles, Also Known as Hilario Villa-Tellas, Defendant-Appellant
Status: Unpublished