United States v. Martinez-Soto

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 4, 2008 No. 07-51500 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ARMANDO MARTINEZ-SOTO Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 1:07-CR-163-ALL

Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.

PER CURIAM:* Appealing the Judgment in a Criminal Case, Armando Martinez-Soto raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (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, 128 S. Ct. 872 (2008).

No. 07-51500 The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.