USA v. Alcaraz-Guizar

Filing 920071003

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED
No. 07-20230 Conference Calendar
October 3, 2007 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. JAVIER ALCARAZ-GUIZAR, also known as Javier Alcarez, also known as Javier Guizar Alcaraz Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:06-CR-377-1

Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Javier Alcaraz-Guizar 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. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

No. 07-20230 appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

2