USA v. Dubon-Guzman

Filing 920060714

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

F I L E D
July 13, 2006 Charles R. Fulbruge III Clerk

No. 05-51529 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE ALEJANDRO DUBON-GUZMAN, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-286-ALL -------------------Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Alejandro Dubon-Guzman raises arguments that are foreclosed by AlmendarezTorres 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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