United States v. Cazares-Camarillo

U.S. Court of Appeals for the Fifth Circuit January 30, 2008

United States v. Cazares-Camarillo, 263 F. App'x 442 (5th Cir. 2008)

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Juan Cazares-Camarillo raises arguments that are foreclosed by AlmendarezTorres 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), cert. denied, — U.S.-, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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 CAZARES-CAMARILLO, Also Known as Juan Camarillo-Cazares, Also Known as Juan Camarillo-Cook, Also Known as Juan Mendez-Perez, Also Known as Juan Mendez-Gonzalez, Also Known as Juan Garcia-Gomez, Also Known as Juan Perez Mendez, Defendant-Appellant
Status: Unpublished