U.S. Court of Appeals for the Fifth Circuit, 2006

United States v. Mendez-Rios

United States v. Mendez-Rios
U.S. Court of Appeals for the Fifth Circuit · Decided November 9, 2006 · Barksdale, DeMOSS, Per Curiam, Prado
206 F. App'x 340

United States v. Mendez-Rios

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Cage, Jose Maria Mendez-Rios raises arguments that are foreclosed by Almenda *341 rez-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. § 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 *341 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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