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