208 F. App'x 329

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UNITED STATES of America, Plaintiff-Appellee, v. Yonic PEREZ, also known as Antonio Galindo-Sujia, Defendant-Appellant.

No. 06-50721

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 *330District 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.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Yonic Perez 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. Perez
208 F. App'x 329

Case Details

Name
United States v. Perez
Decision Date
Dec 6, 2006
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208 F. App'x 329

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United States

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