USA v. Romero-Aquino
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. 06-51018 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE ADRIAN ROMERO-AQUINO, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-817-ALL -------------------Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Adrian Romero-Aquino 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?