USA v. Aleman-Arjona

Filing 920061206


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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 December 6, 2006 Charles R. Fulbruge III Clerk No. 06-40689 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MIGUEL ANGEL ALEMAN-ARJONA, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 7:05-CR-1121-ALL -------------------Before REAVLEY, STEWART, and CLEMENT, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Miguel Angel Aleman-Arjona 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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