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United States v. Elias

U.S. Court of Appeals for the Fifth Circuit
United States v. Elias, 147 F. App'x 416 (5th Cir. 2005)
Reavley, Garza, Benavides

United States v. Elias

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Salvador Elias 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 *417 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Salvador ELIAS, Also Known as Salvador Elias-Elias, Defendant-Appellant
Status
Unpublished
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