USA v. Natividad-Hernandez

Filing 920070502

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 2, 2007 Charles R. Fulbruge III Clerk No. 06-11144 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER NATIVIDAD-HERNANDEZ, also known as Noe Hernandez-Lopez, also known as Robert Anthony Escobedo, also known as Joe Hernandez-Lopez, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 1:06-CR-39-ALL -------------------Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Javier NatividadHernandez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*