United States v. Nieto-Perez ( 2006 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                September 8, 2006
    Charles R. Fulbruge III
    Clerk
    No. 06-50357
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    SERGIO NIETO-PEREZ, also known
    as Sergio Natera Perez,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:05-CR-2114-ALL
    --------------------
    Before KING, GARWOOD, and JOLLY, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Sergio Nieto-
    Perez 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    that this opinion should not be published and is not precedent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.
    

Document Info

Docket Number: 06-50357

Filed Date: 9/8/2006

Precedential Status: Non-Precedential

Modified Date: 12/21/2014