Appealing the Judgment in a Criminal Case, Isidro Perez-Coronel 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.
208 F. App'x 328
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UNITED STATES of America, Plaintiff-Appellee, v. Isidro PEREZ-CORONEL, Defendant-Appellant.
No. 06-50787
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Dec. 6, 2006.
Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
Before REAVLEY, STEWART, and CLEMENT, Circuit Judges.
United States v. Perez-Coronel
208 F. App'x 328
Case Details
208 F. App'x 328
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