USA v. Cortez-Escobar

Filing 920070906

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS September 6, 2007 FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III Clerk

No. 07-40038 Conference Calendar

UNITED STATES OF AMERICA Plaintiff-Appellee v. FULGENCIO CORTEZ-ESCOBAR Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:06-CR-1104-1

Before DeMOSS, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Fulgencio Cortez-Escobar 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). The appellant's motion for summary disposition 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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