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.
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.
United States v. Garcia-Alarcon
208 F. App'x 318
Case Details
208 F. App'x 318
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