U.S. v. MELGARES-MARTINEZ, 224 Fed.Appx. 376 (5th Cir. 2007)
UNITED STATES of America, Plaintiff-Appellee, v. Carlos ArsidesMELGARES-MARTINEZ, Defendant-Appellant.
No. 06-40784 Conference Calendar.United States Court of Appeals, Fifth Circuit.
April 4, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern DistrictPage 377
of Texas, Houston, TX, for Plaintiff-Appellee.
Marjorie A. Meyers, Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 5:06-CR-13-ALL.
Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Carlos Arsides Melgares-Martinez raises arguments that are foreclosed byAlmendarez-Torres v. United States, 523 U.S. 224, 235,118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that8 U.S.C. ยง 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.