United States v. Mendoza-Alvino , 249 F. App'x 372 ( 2007 )


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  •           IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT United States Court of Appeals
    Fifth Circuit
    FILED
    October 3, 2007
    No. 07-40458
    Conference Calendar              Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    SALOMON MENDOZA-ALVINO, also known as Nico Mendoza
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 5:06-CR-1343-1
    Before JOLLY, DAVIS, and WIENER, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Salomon Mendoza-Alvino
    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), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The
    *
    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    should not be published and is not precedent except under the limited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. 07-20230
    appellant's motion for summary disposition is GRANTED, and the judgment of
    the district court is AFFIRMED.
    2
    

Document Info

Docket Number: 07-40458

Citation Numbers: 249 F. App'x 372

Judges: Davis, Jolly, Per Curiam, Wiener

Filed Date: 10/3/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023