Appealing the Judgment in a Criminal Case, Johnny Gerardo Castro-Padilla 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), cert. denied, -U.S.-, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
268 F. App'x 319
UNITED STATES of America, Plaintiff-Appellee v. Johnny Gerardo CASTRO-PADILLA, also known as Carlos Gerardo Alvarado-Rivera, also known as Carlos Gerardo, also known as Alex Montenegro, *320also known as Carlos Gerardo Alvarado, also known as Johny Castro-Padilla, also known as Joni Gerardo Castro, Defendant-Appellant.
No. 07-50937
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
March 5, 2008.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
Before KING, STEWART, and PRADO, Circuit Judges.
United States v. Castro-Padilla
268 F. App'x 319
Case Details
268 F. App'x 319
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