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UNITED STATES of America, Plaintiff-Appellee,
v.
Julio HERNANDEZ-HERNANDEZ, Also Known as Jose Alberto Hernandez-Hernandez, Defendant-Appellant
v.
Julio HERNANDEZ-HERNANDEZ, Also Known as Jose Alberto Hernandez-Hernandez, Defendant-Appellant
05-51292.
Court of Appeals for the Fifth Circuit.
Sep 8, 2006.
Unpublished opinion
198 F. App'x 404
Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee., Donna F. Coltharp, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
King, Garwood, Jolly.
Unpublished
PER CURIAM:
*
Appealing the Judgment in a Criminal Case, Julio Hernandez-Hernandez 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[*405] 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.