USA v. Sanchez-Perez

Filing 920070307

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 7, 2007 Charles R. Fulbruge III Clerk No. 06-51181 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANCISCO SANCHEZ-PEREZ, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-501-ALL -------------------Before KING, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Francisco Sanchez-Perez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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