United States v. Ruiz-Loera
This text of 115 F. App'x 232 (United States v. Ruiz-Loera) 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, 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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115 F. App'x 232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ruiz-loera-ca5-2004.