Appealing the Judgment in a Criminal Case, Roberto Mena-Villamar 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.
221 F. App'x 372
UNITED STATES of America, Plaintiff-Appellee, v. Roberto MENA-VILLAMAR, also known as Jose Carlos Sanchez, Defendant-Appellant.
No. 06-10868
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
March 7, 2007.
Discretionary Review Granted June 6, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.
Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
Before KING, WIENER, and OWEN, Circuit Judges.
United States v. Mena-Villamar
221 F. App'x 372
Case Details
221 F. App'x 372
References
Nothing yet... Still searching!
Nothing yet... Still searching!