USA vs. Vasquez-Sanchez, (5th Cir. 2006)
Linked as:
Text
United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS
October 5, 2006
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-50378
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO VASQUEZ-SANCHEZ, also known as Antonio
Vasquez-Cuevas, also known as Guadalupe Esparza-Garcia,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-1863-ALL
Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Antonio Vasquez- Sanchez raises arguments that are foreclosed by United States v. Murillo-Lopez, 444 F.3d 337, 344-45 (5th Cir. 2006), which held that a California conviction for burglary of an inhabited dwelling house was equivalent to burglary of a dwelling and therefore was a crime of violence under U.S.S.G. § 2L1.2, and by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8U.S.C. § 1326(b)(2) is a penalty provision and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. not a separate criminal offense. The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
Sponsored links
This document cites
- U.S. Supreme Court - Almendarez-Torres v. United States, 523 U.S. 224 (1998)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Gustavo Murillo-Lopez, Defendant-Appellant., 444 F.3d 337 (5th Cir. 2006)
See other documents that cite the same legislation
