USA v. Villanueva

Filing 920080604

Opinion

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

FILED
No. 07-51449 Conference Calendar
June 4, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. JORGE VILLANUEVA Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-811-ALL

Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jorge Villanueva raises arguments that are foreclosed by United States v. Rueda-Rivera, 396 F.3d 678, 680 (5th Cir. 2005), which held that the admission into evidence of a Certificate of Nonexistence of Record to establish that the Government had not consented to Villanueva's presence in the United States does not violate the Confrontation Clause, and Almendarez-Torres v. United States, 523 U.S. 224,

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51449 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). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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