USA v. Pena-Rodriguez
Filing
920070809
Opinion
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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
United States Court of Appeals Fifth Circuit
No. 07-50371 Conference Calendar
FILED
August 8, 2007 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee v. EDUARDO PENA-RODRIGUEZ Defendant-Appellant
Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-1921-ALL
Before DENNIS, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Eduardo Pena-Rodriguez 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. The Government's motion for summary affirmance 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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