United States v. Perez-Avalos

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 14, 2005
• Docket: 05-50221
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 14, 2005

Charles R. Fulbruge III Clerk No. 05-50221 c/w No. 05-50252 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

AMADO PEREZ-AVALOS,

Defendant-Appellant.

-------------------- Appeals from the United States District Court for the Western District of Texas USDC No. 3:04-CR-1146-ALL USDC No. 3:04-CR-1615-ALL --------------------

Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Amado Perez-

Avalos raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (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. Perez-Avalos

also appeals from the final order revoking a previously-imposed

supervised release term but has identified no error with respect

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 05-50221 c/w No. 05-50252 -2-

to that order. Because the only issue identified and argued by

Perez-Avalos is foreclosed, the Government’s motion for summary

affirmance is GRANTED, and the judgments of the district court

are AFFIRMED.