U.S. v. URIBE-SALAS, 276 Fed.Appx. 406 (5th Cir. 2007)
UNITED STATES of America, Plaintiff-Appellee v. Roberto URIBE-SALAS,Defendant-Appellant.
No. 07-51466 Conference Calendar.United States Court of Appeals, Fifth Circuit.
April 30, 2008.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Federal Public Defender's Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 3:07-CR-1874-ALL.
Before REAVLEY, JOLLY, and GARZA, Circuit Judges.
PER CURIAM:[fn*]
[fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Appealing the Judgment in a Criminal Case, Roberto Uribe-Salas raises arguments that are foreclosed by Almendarez-Torres v.United States, 523 U.S. 224, 235, 118 S.Ct. 1219,140 L.Ed.2d 350 (1998), which held that 8 U.S.C. ยง 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, ___ U.S. ___,128 S.Ct. 872,Page 407169 L.Ed.2d 737 (2008). The Government's motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.