205 F. App'x 250

UNITED STATES of America, Plaintiff-Appellee, v. Gregorio PADILLA-GARCIA, also known as Gregory Padilla, also known as Gregorio Padilla, Jr., also known as Cesar Padilla, Defendant-Appellant.

No. 06-50453

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 9, 2006.

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 BARKSDALE, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Gregorio Padilla-Garcia 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.

United States v. Padilla-Garcia
205 F. App'x 250

Case Details

Name
United States v. Padilla-Garcia
Decision Date
Nov 9, 2006
Citations

205 F. App'x 250

Jurisdiction
United States

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