United States v. Campa-Esparza
Opinion
Appealing the Judgment in a Criminal Case, Luis Humberto Campa-Esparza raises arguments that are foreclosed by *329 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. § 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 *329 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Luis Humberto CAMPA-ESPARZA, Also Known as Luis Esparza-Campa, Defendant-Appellant
- Status
- Unpublished