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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 30, 2008 No. 07-40821 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JOSE GUADALUPE DELGADO-ARANDA, also known as Jose G Delgado Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-308-ALL Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Guadalupe Delgado- Aranda 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. United States v. Pineda- Arrellano,
492 F.3d 624, 625 (5th Cir. 2007), cert. denied,
2008 WL 59441(Jan. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-40821 7, 2008) (No. 07-6202). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 2
Document Info
Docket Number: 07-40821
Citation Numbers: 263 F. App'x 430
Judges: Benavides, Elrod, Per Curiam, Reavley
Filed Date: 1/30/2008
Precedential Status: Non-Precedential
Modified Date: 8/2/2023