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United States v. Frausto-Garibay ( 2006 )


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  • PER CURIAM: *

    Appealing the Judgment in a Criminal Case, Julian Frausto-Garibay raises argu*323ments that are foreclosed by Almendarez-Torres v. United States, 528 U.S. 224, 285, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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    Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *323the limited circumstances set forth in 5th Cir. R. 47.5.4.

Document Info

Docket Number: No. 05-51501

Judges: Barksdale, Davis, Demoss

Filed Date: 7/13/2006

Precedential Status: Precedential

Modified Date: 11/5/2024