# United States v. Brown

> Court of Appeals for the Fifth Circuit · August 17, 2005 · 141 F. App'x 349

URL: https://www.frixlaw.com/law-library/cases/8435281

## Case

- **Full name:** United States v. Donnell Lamont BROWN
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 17, 2005
- **Citations:** 141 F. App'x 349
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8435281

## Opinion text

PER CURIAM: *
Appealing the Judgment in a Criminal Case, Donnell Lamont Brown raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 , 118 S.Ct. 1219 , 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. *350 § 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8435281. Public record. Not legal advice.