USA vs. Rochelle-Hernandez, (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
April 20, 2005
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-51288
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE RAYMUNDO ROCHELLE-HERNANDEZ, also
known as Raymundo Rochelle-Hernandez,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-1241-ALL
Before SMITH, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Raymundo Rochelle-Hernandez 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. No.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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