USA vs. Castro, (5th Cir. 2005)
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
December 14, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-50351
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISIDRO CASTRO,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:04-CR-789-ALL
Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Isidro Castro 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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