181 F. App'x 475

UNITED STATES of America, Plaintiff-Appellee, v. Luis REYES-ROCHA, also known as Reynaldo Reyes Rocha, Defendant-Appellant.

Nos. 06-50039, 06-50040.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided July 13, 2006.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Judy Fulmer Madewell, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Luis Reyes-Rocha raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 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.

United States v. Reyes-Rocha
181 F. App'x 475

Case Details

Name
United States v. Reyes-Rocha
Decision Date
Jul 13, 2006
Citations

181 F. App'x 475

Jurisdiction
United States

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