USA v. Meza-Borunda
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit
No. 07-51032 Conference Calendar
January 30, 2008 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA Plaintiff-Appellee v. GERARDO MEZA-BORUNDA, also known as Gerardo Meza-Barunda Defendant-Appellant
Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-509-ALL
Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Gerardo Meza-Borunda 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), cert. denied, 2008 WL 59441 (Jan.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51032 7, 2008) (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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