USA v. Gonzalez-Martinez

Filing 920070207

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 7, 2007 Charles R. Fulbruge III Clerk No. 06-40233 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS GONZALEZ-MARTINEZ, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-1347-ALL -------------------Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jesus GonzalezMartinez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*