U.S. Court of Appeals for the Fifth Circuit, 2007

United States v. Mejia-Ruiz

United States v. Mejia-Ruiz
U.S. Court of Appeals for the Fifth Circuit · Decided February 7, 2007 · Reavley, Jolly, Benavides
216 F. App'x 424

United States v. Mejia-Ruiz

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Walter Alberto Mejia-Ruiz 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. § 1326(b)(2) is a penalty provision and not a separate criminal offense, and by United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006), which held that a sentence within a properly calculated Guideline range is presumptively reasonable. 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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