USA v. Martinez-Lopez

Filing 920071003

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. 07-40237 Conference Calendar October 3, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE ARTURO MARTINEZ-LOPEZ Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:06-CR-949-ALL Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Arturo Martinez-Lopez 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), 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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