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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 6, 2007 Charles R. Fulbruge III Clerk No. 06-51086 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SATURINO RIOS-TAMAYO, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-348-ALL -------------------- Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Saturino Rios- Tamayo 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. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Document Info
Docket Number: 06-51086
Citation Numbers: 230 F. App'x 420
Judges: Benavides, Dennis, Per Curiam, Smith
Filed Date: 6/6/2007
Precedential Status: Non-Precedential
Modified Date: 8/2/2023