USA v. Lopez-Luna

Filing 920061109

Opinion

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 9, 2006 Charles R. Fulbruge III Clerk No. 05-41003 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CIRILIO LOPEZ-LUNA, also known as Cirilo Luna-Lopez, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-222-ALL -------------------Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Cirilio LopezLuna raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (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. Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. *

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