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

United States v. Nevarez-Corral

U.S. Court of Appeals for the Fifth Circuit · Decided May 2, 2007 · Higginbotham, Wiener, Prado

225 F. App'x 323

Counsel

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee., Jeronimo Gutierrez-Corral, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, pro se.

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Gustavo Nevarez-Corral raises arguments that are foreclosed by Almenda-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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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