Appealing the Judgment in a Criminal Case, Carlos Esparza-Romo 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.
202 F. App'x 45
UNITED STATES of America, Plaintiff-Appellee, v. Carlos ESPARZA-ROMO, also known as Carlos Esparza, Defendant-Appellant.
No. 05-51639
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Oct. 5, 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 JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
United States v. Esparza-Romo
202 F. App'x 45
Case Details
202 F. App'x 45
References
Nothing yet... Still searching!
Nothing yet... Still searching!