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.
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.
United States v. Perez
208 F. App'x 329
Case Details
208 F. App'x 329
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