United States v. Sorosa-Sanchez , 202 F. App'x 21 ( 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                 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    this opinion should not be published and is not precedent except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Precedential Status: Non-Precedential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