U.S. Court of Appeals for the Fifth Circuit, 2005

United States v. Urrabazo-Rodriguez

United States v. Urrabazo-Rodriguez
U.S. Court of Appeals for the Fifth Circuit · Decided August 17, 2005
141 F. App'x 363

United States v. Urrabazo-Rodriguez

Opinion of the Court

PER CURIAM: *

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Pursuant to 5th- Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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