Appealing the Judgment in a Criminal Case, Jesus Barajas-Romero raises argu*352ments that are foreclosed by AlmendarezTorres 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.
221 F. App'x 351
UNITED STATES of America, Plaintiff-Appellee, v. Jesus BARAJAS-ROMERO, also known as Roberto Gomez, Defendant-Appellant.
No. 06-50740
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
March 7, 2007.
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 KING, WIENER, and OWEN, Circuit Judges.
United States v. Barajas-Romero
221 F. App'x 351
Case Details
221 F. App'x 351
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