United States v. Hernandez-Hernandez , 190 F. App'x 377 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 13, 2006
Charles R. Fulbruge III
No. 05-20665 Clerk
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS HERNANDEZ-HERNANDEZ, also known as Jose
Armando Sanchez-Pineda, also known as Mario Soto
Perez, also known as Eliazar Soto-Velasquez, also
known as Elizar Soto-Velasquez, also known as Alejandro
Hernandez-Torres, also known as Edgar Vasquez-Flores,
also known as Alejandro Vasquez-Torres,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:04-CR-477-ALL
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Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Carlos Hernandez-
Hernandez raises arguments that are foreclosed by Almendarez-
Torres v. United States, 523 U.S. 224, 235 (1998), which held
that 8 U.S.C. § 1326(b)(2) is a penalty provision 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opinion should not be published and is not precedent except under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.