Appealing the Judgment in a Criminal Case, Jesus Ruiz-Santiago 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.
153 F. App'x 938
UNITED STATES of America, Plaintiff-Appellee, v. Jesus RUIZ-SANTIAGO, also known as Luis Carlos Rubio-Candia, Defendant-Appellant.
No. 05-50619.
Summary Calendar.
United States Court of Appeals, Fifth Circuit.
Decided Nov. 9, 2005.
Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Philip J. Lynch, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
*939Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.
United States v. Ruiz-Santiago
153 F. App'x 938
Case Details
153 F. App'x 938
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