United States v. Gonzalez-Laborico

U.S. Court of Appeals for the Fifth Circuit
United States v. Gonzalez-Laborico, 115 F. App'x 248 (5th Cir. 2004)

United States v. Gonzalez-Laborico

Opinion of the Court

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Gregorio Gonzalez-Laborico 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 *249the 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.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 v. Gregorio GONZALEZ-LABORICO, also known as Gregorio GonzalezLaboricio
Cited By
3 cases
Status
Published