Narrative Opinion Summary
Alfredo Zavala-Garcia appeals a criminal judgment, but his arguments are barred by the precedent established in Almendarez-Torres v. United States, which clarifies that a prior conviction is considered a sentencing factor rather than a separate criminal offense under 8 U.S.C. § 1326(b)(2). The court grants the Government's motion for summary affirmance and upholds the district court's judgment. Furthermore, the opinion is not to be published and does not serve as precedent except under specific conditions outlined in 5th Cir. R. 47.5.4.
Legal Issues Addressed
Non-Precedential Opinions under 5th Cir. R. 47.5.4subscribe to see similar legal issues
Application: The court's opinion in this case is not published and does not serve as precedent except under specific conditions outlined in the rules.
Reasoning: Furthermore, the opinion is not to be published and does not serve as precedent except under specific conditions outlined in 5th Cir. R. 47.5.4.
Sentencing Factors under 8 U.S.C. § 1326(b)(2)subscribe to see similar legal issues
Application: The appellate court applied the precedent from Almendarez-Torres v. United States to determine that a prior conviction is a sentencing factor, not a separate offense.
Reasoning: Alfredo Zavala-Garcia appeals a criminal judgment, but his arguments are barred by the precedent established in Almendarez-Torres v. United States, which clarifies that a prior conviction is considered a sentencing factor rather than a separate criminal offense under 8 U.S.C. § 1326(b)(2).
Summary Affirmancesubscribe to see similar legal issues
Application: The court granted the Government's motion for summary affirmance, thereby upholding the district court's judgment without a detailed opinion.
Reasoning: The court grants the Government's motion for summary affirmance and upholds the district court's judgment.