Appealing the Judgment in a Criminal Case, Jose Rodolfo Borunda-Rivera 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 317
UNITED STATES of America, Plaintiff-Appellee, v. Jose Rodolfo BORUNDA-RIVERA, also known as Jose Borunda, Defendant-Appellant.
No. 05-50933.
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.
Judy Fulmer Madewell, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.
United States v. Borunda-Rivera
153 F. App'x 317
Case Details
153 F. App'x 317
References
Nothing yet... Still searching!
Nothing yet... Still searching!