216 F. App'x 455

UNITED STATES of America, Plaintiff-Appellee, v. Leonardo Enrique CRUZ, Defendant-Appellant.

No. 06-41113

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Feb. 7, 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 REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Leonardo Enrique Cruz 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. Cruz
216 F. App'x 455

Case Details

Name
United States v. Cruz
Decision Date
Feb 7, 2007
Citations

216 F. App'x 455

Jurisdiction
United States

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