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United States v. Alvarado-Escarcega, 05-50485 (2005)

Court: Court of Appeals for the Fifth Circuit Number: 05-50485 Visitors: 17
Filed: Nov. 09, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 9, 2005 Charles R. Fulbruge III Clerk No. 05-50485 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO ALVARADO-ESCARCEGA, also known as Antonio Escarcega, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-2614 - Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* A
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                                                       United States Court of Appeals
                                                                Fifth Circuit
                                                             F I L E D
               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT                November 9, 2005

                                                          Charles R. Fulbruge III
                                                                  Clerk
                           No. 05-50485
                         Summary Calendar



UNITED STATES OF AMERICA,

                                    Plaintiff-Appellee,

versus

ANTONIO ALVARADO-ESCARCEGA, also known
as Antonio Escarcega,

                                    Defendant-Appellant.

                       --------------------
          Appeal from the United States District Court
                for the Western District of Texas
                      USDC No. 3:04-CR-2614
                       --------------------

Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.

PER CURIAM:*

     Appealing the Judgment in a Criminal Case, Antonio Alvarado-

Escarcega 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that this opinion should not be published and is not precedent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.

Source:  CourtListener

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