DocketNumber： 06-11325
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Status： Non-Precedential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. 06-11325 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SALVADOR RODRIGUEZ-FLORES, also known as Steven Lopez, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:06-CR-103 -------------------- Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Salvador Rodriguez-Flores 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.