USA v. Solis-Garcia

Filing 920060224

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 24, 2006 Charles R. Fulbruge III Clerk No. 05-50724 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CARLOS RAUL GARCIA-SOLIS, Defendant-Appellant, Consolidated With No. 05-50750 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RAUL CARLOS GARCIA-SOLIS, also known as Raul Carlos Villasi, also known as Carlos Rual Solis-Garcia, also known as Candelario Trujeque-Novelo, also known as Carlos Raul Garcia-Solis, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-752-ALL -------------------Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Carlos Raul Garcia-Solis raises arguments that are foreclosed by AlmendarezPursuant 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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No. 05-50724 -2Torres 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.