Texte intégral
* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 17, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-51347
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AARON PEREZ-LIZARDI, also known as Lizardi Aron Perezdi, also
known as Aaron Montoya Perez, also known as Aaron Lizardo Perez,
also known as Aaron Lizardi Perez, also known as Manuel Isarde
Landin,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:04-CR-160-ALL
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Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Aaron Perez-
Lizardi 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.
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