Appealing the Judgment in a Criminal Case, Heriberto Resendez-Ramirez 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 944
UNITED STATES of America, Plaintiff-Appellee, v. Heriberto RESENDEZ-RAMIREZ, also known as Saul Gutierrez-Ramiez, Defendant-Appellant.
No. 05-50402.
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.
Donna F. Coltharp, 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. Resendez-Ramirez
153 F. App'x 944
Case Details
153 F. App'x 944
References
Nothing yet... Still searching!
Nothing yet... Still searching!