United States v. Salazar-Montes
U.S. Court of Appeals for the Fifth Circuit
United States v. Salazar-Montes, 115 F. App'x 270 (5th Cir. 2004)
United States v. Salazar-Montes
Opinion of the Court
Appealing the Judgment in a Criminal Case, Carlos Noe Salazar-Montes 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 v. Carlos Noe SALAZAR-MONTES, also known as Carlos Noe Salazar, also known as Carlos Salazar, United States of America v. Carlos Noe Salazar, also known as Carlos Salazar
- Cited By
- 3 cases
- Status
- Published