USA v. Clark
Filing
920071003
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit
FILED
No. 07-50125 Conference Calendar
October 3, 2007 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA Plaintiff-Appellee v. ADRIAN NICKOLAS CLARK Defendant-Appellant
Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2144-ALL
Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Adrian Nickolas Clark 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10280 Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
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