USA v. Noriega-Puente
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. 06-50633 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALVARO NORIEGA-PUENTE, also known as Arturo Sanchez-Garcia, also known as Avaro Noriega, also known as Chito Salas, also known as Jose Noriega, also known as Mario Arriaga, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 1:04-CR-269-1 -------------------Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Alvaro NoriegaPuente 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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