Appealing the Judgment in a Criminal Case, Oscar Rene Gutierrez-Salazar 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.
169 F. App'x 352
UNITED STATES of America, Plaintiff-Appellee, v. Oscar Rene GUTIERREZ-SALAZAR, also known as Oscar Gutierrez, also known as Oscar R. Gutierrez, also known as Oscar Rene Gutierrez, also known as Oscar Rene Salazar, also known as Oscar Gutierrez Salazar, also known as Oscarrene Salazargutierr, also known as Oscar Renee Gutierrez, Defendant-Appellant.
No. 05-51092.
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Decided Feb. 24, 2006.
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, San Antonio, TX, for Defendant-Appellant.
Before GARZA, DENNIS, and PRADO, Circuit Judges.
United States v. Gutierrez-Salazar
169 F. App'x 352
Case Details
169 F. App'x 352
References
Nothing yet... Still searching!
Nothing yet... Still searching!