USA vs. Valenzuela-Luna, (5th Cir. 2004)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit FILED December 17, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 04-50190 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER VALENZUELA-LUNA, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-1897-1-PRM Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Javier Valenzuela-Luna 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 GovernmentÂ’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
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