Document Info

DocketNumber: 07-40049

Citation Numbers: 230 F. App'x 436

Judges: Smith, Benavides, Dennis

Filed Date: 6/6/2007

Status: Non-Precedential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
    FOR THE FIFTH CIRCUIT                   June 6, 2007
    Charles R. Fulbruge III
    Clerk
    No. 07-40049
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ARTURO RAMON-SALDIVAR, also known as Arturo Ramon Saldivar,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 1:06-CR-833
    --------------------
    Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Arturo Ramon-
    Saldivar 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    this opinion should not be published and is not precedent except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.