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

United States v. Alonzo-Sierra

United States v. Alonzo-Sierra
U.S. Court of Appeals for the Fifth Circuit · Decided March 7, 2007
221 F. App'x 342

United States v. Alonzo-Sierra

Opinion of the Court

PER CURIAM: *

Appealing the Judgments in Criminal Cases, Esteban Alonzo-Sierra 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 judgments of the district court are 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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