USA v. Coronado-Loera

Filing 920071108

Opinion

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

FILED
No. 07-50104 Conference Calendar
November 8, 2007 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. SALOMON CORONADO-LOERA Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-591-ALL

Before KING, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Salomon Coronado-Loera 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50104 Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

2