Appealing the Judgment in a Criminal Case, Tomas Vega Ortiz 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.
141 F. App'x 361
UNITED STATES of America, Plaintiff-Appellee, v. Tomas Vega ORTIZ, Defendant-Appellant.
No. 05-10022.
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Decided Aug. 17, 2005.
Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office Northern Dis*362trict of Texas, Fort Worth, TX, for Plaintiff-Appellee.
Raymond J. Rodgers, Federal Public Defender’s Office Northern District of Texas, Fort Worth, TX, for Defendant Appellant.
Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
United States v. Ortiz
141 F. App'x 361
Case Details
141 F. App'x 361
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