USA v. Rivas-Zubiate
United States Court of Appeals Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
F I L E D
April 12, 2006 Charles R. Fulbruge III Clerk
No. 05-51492 Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS RIVAS-ZUBIATE, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-1581-ALL -------------------Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jesus RivasZubiate 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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