USA v. Rubio-Alvarez

Filing 920080402

Opinion

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 07-20815 Conference Calendar April 2, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ALFREDO RUBIO-ALVAREZ, also known as Alfredo Rubio, also known as Alfredo Alvarez Rubio, also known as Alfredo Rubio Alvarez, also known as Alfredo Alvares Rubio, also known as Alfredo Rubio-Alvarez Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 4:07-CR-249-ALL Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Alfredo Rubio-Alvarez 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, 128 S. Ct. 872 (2008). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-20815 The appellant's motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2

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