United States v. Arriaga-Lopez , 202 F. App'x 32 ( 2006 )

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
Clerk
No. 06-50206
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE JUAN ARRIAGA-LOPEZ, also known as Juan Arriaga-
Martinez, also known as Jose Juan Lopez-Arriaga,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:05-CR-1917-ALL
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Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Juan
Arriaga-Lopez 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, and by United States v.
Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir. 1997), which held
that a Texas felony conviction for possession of marijuana was an
"aggravated felony" under § 2L1.2(b) of the Sentencing
*
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this opinion should not be published and is not precedent except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. 06-50206
-2-
Guidelines. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.