U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Carmona-Cepeda

United States v. Carmona-Cepeda
U.S. Court of Appeals for the Fifth Circuit · Decided April 12, 2006 · Davis, Jolly, Jones
177 F. App'x 399

United States v. Carmona-Cepeda

Opinion of the Court

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Juan Carlos Carmona-Cepeda 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 *400the 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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