United States v. De La Cruz Fernandez
This text of 126 F. App'x 189 (United States v. De La Cruz Fernandez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appealing the Judgment in a Criminal Case, Rafael De La Cruz Fernandez 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Cite This Page — Counsel Stack
126 F. App'x 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-de-la-cruz-fernandez-ca5-2005.