United States v. Lopez-Rodriguez ( 2006 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                  April 12, 2006
    Charles R. Fulbruge III
    Clerk
    No. 05-51149
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    MIGUEL ANGEL LOPEZ-RODRIGUEZ,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:05-CR-363-ALL
    --------------------
    Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Miguel Angel
    Lopez-Rodriguez 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.       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    that this opinion should not be published and is not precedent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.
    

Document Info

Docket Number: 05-51149

Filed Date: 4/12/2006

Precedential Status: Non-Precedential

Modified Date: 4/17/2021