United States v. Garcia-Grande

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

United States v. Garcia-Grande, 216 F. App'x 443 (5th Cir. 2007)

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Efren Garcia-Grande 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 *444 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Efren GARCIA-GRANDE, Also Known as Jose Luis Garcia-Grande, Defendant-Appellant
Status: Unpublished