USA v. Rosales-Rodriguez

Filing 920071003

Opinion

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

FILED
No. 07-50521 Conference Calendar
October 3, 2007 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. JUAN CARLOS ROSALES-RODRIGUEZ, also known as Juan Carlos Gonzalez Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2335-ALL

Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Juan Carlos RosalesRodriguez 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.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 28, 2007) (No. 07-6202). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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