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.

PER CURIAM: *

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.

United States v. Osorio-Hernandez
217 F. App'x 330

Case Details

Name
United States v. Osorio-Hernandez
Decision Date
Feb 7, 2007
Citations

217 F. App'x 330

Jurisdiction
United States

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