Appealing the Judgment in a Criminal Case, Juan Noe Manzo-Rodriguez 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 appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.
234 F. App'x 258
UNITED STATES of America, Plaintiff-Appellee, v. Juan Noe MANZO-RODRIGUEZ, Defendant-Appellant.
No. 07-40124
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
July 11, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
United States v. Manzo-Rodriguez
234 F. App'x 258
Case Details
234 F. App'x 258
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