USA v. Pantoja-Verde

Filing 920070906

Opinion

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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. 07-50282 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. CARLOS ANTONIO PANTOJA-VERDE Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2324-ALL Before DeMOSS, DENNIS, and OWEN, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Carlos Antonio PantojaVerde 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 Government's motion 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50282 for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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