USA v. Becerra

Filing 920080130

Opinion

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-20622 Conference Calendar January 30, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ALFREDO GARCIA BECERRA, also known as Israel Becerril Garcia, also known as Alfredo Garcia-Becerra, also known as Alfredo Garcia Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-CR-53-ALL Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Alfredo Garcia Becerra 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 2008 WL 59441 (Jan. 7, 2008) (No. 07-6202). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-20622 The appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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