Appealing the Judgment in a Criminal Case, Gerardo De La Rosa-Mendoza 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.
190 F. App'x 370
UNITED STATES of America, Plaintiff-Appellee, v. Gerardo De La ROSA-MENDOZA, also known as Mario Estrada-Martinez, Defendant-Appellant.
No. 05-41678.
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Decided July 13, 2006.
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, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
United States v. De La Rosa-Mendoza
190 F. App'x 370
Case Details
190 F. App'x 370
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