Appealing the Judgment in a Criminal Case, Juan Manuel Roano-Bustian 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, and by United States v. Pineiro, 377 F.3d 464, 465-66 (5th Cir.2004), petition for cert. filed (U.S. July 14, 2004) (No. 04-5263), which held that Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), does not apply to the United States Sentencing Guidelines. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
115 F. App'x 246
UNITED STATES of America, Plaintiff-Appellee, v. Juan Manuel ROANO-BUSTIAN, also known as Manuel Roano-Bastian, Defendant-Appellant.
No. 04-50500.
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Decided Dec. 17, 2004.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
M Carolyn Fuentes, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendantr-Appellant.
Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
United States v. Roano-Bustian
115 F. App'x 246
Case Details
115 F. App'x 246
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