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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 October 5, 2006 Charles R. Fulbruge III No. 06-40285 Clerk Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE SOROSA-SANCHEZ, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:05-CR-788-1 -------------------- Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jorge Sorosa- Sanchez raises arguments that are foreclosed by United States v. Garcia-Mendez,
420 F.3d 454(5th Cir. 2005), cert. denied,
126 S. Ct. 1398(2006), which held that a Texas conviction for burglary of a habitation was equivalent to burglary of a dwelling, and 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40285 -2- motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
Document Info
Docket Number: 06-40285
Citation Numbers: 202 F. App'x 21
Judges: Jones, Per Curiam, Smith, Stewart
Filed Date: 10/5/2006
Precedential Status: Non-Precedential
Modified Date: 8/2/2023