United States v. Herrera-Flores

Fifth Circuit

United States v. Herrera-Flores

115 F. App'x 261

Court of Appeals for the Fifth Circuit·Decided December 17, 2004·No. 04-50344·Unpublished·Cited by 3 cases

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Javier Herrera-Flores raises arguments that are foreclosed by AlmendarezTorres 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 *262 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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, Javier Herrera-Flores raises arguments that are foreclosed by AlmendarezTorres 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 *262 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Herrera-Flores, 115 F. App'x 261 (5th Cir. 2004).

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Opinion

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