United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
September 20, 2006
FOR THE FIFTH CIRCUIT Charles R. Fulbruge III
Clerk
______________________
No. 05-51531
Summary Calendar
______________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE HUMBERTO CAMPA-FAVELA, also known as
Carlos Fabela-DeLeon,
Defendant-Appellant.
________________________________________________________
Appeal from the United States District Court for
the Western District of Texas
(USDC No. 3:04-CR-1902-FM)
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Before REAVLEY, STEWART, and OWEN, Circuit Judges.
PER CURIAM:*
Jose Humberto Campa-Favela appeals his sentence for illegally re-entering the United
States. We affirm his sentence for the following reasons:
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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1. Campa-Favela did not object to the sufficiency of the evidence identifying him
as the person convicted in the Iowa state case at the first sentencing hearing and therefore
would have failed in his first appeal when he raised the issue in his brief. United States v.
Fields, 923 F.2d 358, 360-61 (5th Cir. 1991) (holding that failure to object to pre-sentence
report waives argument regarding sufficiency of evidence of identity), overruled on other
grounds by United States v. Lambert, 984 F.2d 658, 662 & n.10 (5th Cir. 1993) (en banc).
When he did present his challenge to the sufficiency of the evidence at the re-sentencing
hearing, the United States produced sufficient evidence to identify Campa-Favela.
2. As Campa-Favela recognizes, his Fifth Amendment argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224 (1988).
AFFIRMED.
2