Appealing the Judgment in a Criminal Case, Jorge Luis Perez-Hernandez 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.
222 F. App'x 370
UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis PEREZ-HERNANDEZ, Defendant-Appellant.
No. 06-41302
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
March 7, 2007.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern Dis*371trict of Texas, Houston, TX, for PlaintiffAppellee.
Timothy William Crooks, Assistant Federal Public Defender, Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
Before KING, WIENER, and OWEN, Circuit Judges.
United States v. Perez-Hernandez
222 F. App'x 370
Case Details
222 F. App'x 370
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