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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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Precedential Status: Non-Precedential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