208 F. App'x 318

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UNITED STATES of America, Plaintiff-Appellee, v. Arturo GARCIA-ALARCON, also known as Jose Dominguez-Dominguez, also known as Arthur Garcia, Defendant-Appellant.

No. 06-50246

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 6, 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 REAVLEY, STEWART, and CLEMENT, Circuit Judges.

*319PER CURIAM: *

Appealing the Judgment in a Criminal Case, Arturo Garcia-Alarcon 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. Garcia-Alarcon
208 F. App'x 318

Case Details

Name
United States v. Garcia-Alarcon
Decision Date
Dec 6, 2006
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208 F. App'x 318

Jurisdiction
United States

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