United States v. Jimenez-Muniz
U.S. Court of Appeals for the Fifth Circuit
United States v. Jimenez-Muniz, 255 F. App'x 932 (5th Cir. 2007)
United States v. Jimenez-Muniz
Opinion
Appealing the Judgment in a Criminal Case, Jesus Miguel Jimenez-Muniz 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for eert. filed (Aug. 28, 2007) (No. 07-6202). 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Jesus Miguel JIMENEZ-MUNIZ, Also Known as Jesus Jimenez-Muniz, Defendant-Appellant
- Status
- Unpublished