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