United States v. Villanueva-Machado

U.S. Court of Appeals for the Fifth Circuit February 7, 2007

United States v. Villanueva-Machado, 215 F. App'x 389 (5th Cir. 2007)

Opinion

*390 PER CURIAM: *

Appealing the Judgment in a Criminal Case, Juan Ramon Villanueva-Machado 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. 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Juan Ramon VILLANUEVA-MACHADO, Also Known as Juan Ramon Villanueva, Defendant-Appellant
Status: Unpublished