USA v. Jimenez-Hernandez

Filing 920080430

Opinion

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-51393 Conference Calendar April 30, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JAIME JIMENEZ-HERNANDEZ, also known as Juan Flores-Hernandez Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-1169-ALL Before REAVLEY, JOLLY, and GARZA, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jaime Jimenez-Hernandez 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, 128 S. Ct. 872 (2008). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51393 The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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