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PER CURIAM: * Appealing the Judgment in a Criminal Case, Hector Armando Leyva-Posada 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 convic
*597 tion 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of the district court is AFFIRMED.Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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: No. 05-50841
Citation Numbers: 158 F. App'x 596
Judges: Higginbotham, King, Smith
Filed Date: 12/14/2005
Precedential Status: Precedential
Modified Date: 11/4/2022