Appealing the Judgment in a Criminal Case, Urdano Valdes-Sanches raises arguments that are foreclosed by Almendarez-Torres v. United States, 528 U.S. 224, 285, 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 321
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UNITED STATES of America, Plaintiff-Appellee, v. Urdano VALDES-SANCHES, Defendant-Appellant.
No. 06-50585
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.
Judy Fulmer Madewell, 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. Valdes-Sanches
208 F. App'x 321
Case Details
208 F. App'x 321
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