United States v. Contreras

Fifth Circuit

United States v. Contreras

153 F. App'x 278

Procedural entryThis page is a short order in United States v. Contreras. Read the opinion of the Court — 272 F. App'x 344 →

Court of Appeals for the Fifth Circuit·Decided November 9, 2005·No. 05-50886·Unpublished

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Jesus Contreras 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Appealing the Judgment in a Criminal Case, Jesus Contreras 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

United States v. Contreras, 153 F. App'x 278 (5th Cir. 2005).

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Opinion

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