Appealing the Judgment in a Criminal Case, Jose Osorio-Hernandez raises arguments that are foreclosed by AlmendarezTorres 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.
217 F. App'x 330
UNITED STATES of America, Plaintiff-Appellee, v. Jose OSORIO-HERNANDEZ, also known as Luis Dela Cruz, Defendant-Appellant.
No. 06-50681
Conference Calendar.
United States Court of Appeals, Fifth Circuit.
Feb. 7, 2007.
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, JOLLY, and BENAVIDES, Circuit Judges.
United States v. Osorio-Hernandez
217 F. App'x 330
Case Details
217 F. App'x 330
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