Appealing the Judgment in a Criminal Case, Jacobo Zarember-Castanon raises arguments that are foreclosed by United States v. Santiesteban-Hernandez, 469 F.3d 376, 381 (5th Cir.2006), which held that a Texas robbery conviction qualified as a crime of violence under U.S.S.G. § 2L1.2, and 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.
216 F. App'x 419
UNITED STATES of America, Plaintiff-Appellee, v. Jacobo ZAREMBER-CASTANON, also known as Jacob Zarember-Castanon, Defendant-Appellant.
No. 05-41803
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 Dis*420trict of Texas, Houston, TX, for PlaintiffAppellee.
Marjorie A. Meyers, Federal Public Defender, Michael L. Herman, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
United States v. Zarember-Castanon
216 F. App'x 419
Case Details
216 F. App'x 419
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