United States v. Rodriguez-Rios , 263 F. App'x 436 ( 2008 )


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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. 07-50871
    Conference Calendar            Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    NORMA CRISTINA RODRIGUEZ-RIOS, also known as Norma
    Rodriguez-Orozco, also known as Norma Rodriguez, also known as Norma
    Rodriguez-Rios
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:07-CR-449-ALL
    Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Norma Cristina Rodriguez-
    Rios 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    should not be published and is not precedent except under the limited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. 07-50871
    7, 2008) (No. 07-6202). The Government’s motion for summary affirmance is
    GRANTED, and the judgment of the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 07-50871

Citation Numbers: 263 F. App'x 436

Judges: Benavides, Elrod, Per Curiam, Reavley

Filed Date: 1/30/2008

Precedential Status: Non-Precedential

Modified Date: 8/2/2023