United States v. Ruiz-Loera

Fifth Circuit

United States v. Ruiz-Loera

115 F. App'x 232

Court of Appeals for the Fifth Circuit·Decided December 17, 2004·No. 04-50804·Unpublished·Cited by 3 cases

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Adan Ruiz-Loera 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 Govern *233 ment’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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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, Adan Ruiz-Loera 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 Govern *233 ment’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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Ruiz-Loera, 115 F. App'x 232 (5th Cir. 2004).

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Opinion

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