DocketNumber： 07-40195
Judges： Dennis, Clement, Prado
Filed Date： 8/9/2007
Status： Non-Precedential
Modified Date： 11/5/2024
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 8, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 07-40195 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. SERGIO GARCIA-MARTINEZ Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:06-CR-897-1 Before DENNIS, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Sergio Garcia-Martinez 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 appellant's motion for summary disposition 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.