Appealing the Judgment in a Criminal Case, Jose Avelino Luis-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.
153 F. App'x 317
UNITED STATES of America, Plaintiff-Appellee, v. Jose Avelino LUIS-RODRIGUEZ, also known as Flaco Luis, also known as Jose Avelino Luis, also known as Joe Avelino Luis, also known as Jose Luis, Defendant-Appellant.
No. 05-50802.
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. Luis-Rodriguez
153 F. App'x 317
Case Details
153 F. App'x 317
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