United States v. Velasquez-Gonzalez, 198 F. App'x 398 (5th Cir. 2006). · Go Syfert
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United States v. Velasquez-Gonzalez, 198 F. App'x 398 (5th Cir. 2006). Cases Citing This Book View Copy Cite
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United States
v.
Gerardo VELASQUEZ-GONZALEZ, also known as Gerardo Velasquez
No. 05-20874.
Docket on CourtListener (RECAP)
Court of Appeals for the Fifth Circuit.
Sep 8, 2006.
Unpublished opinion
198 F. App'x 398
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee., Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
Garwood, Jolly, King.
Published
Citation check: this opinion cites a case at a citation that does not lead to it (marked in red below).
  • Almendarez-Torres v. United States is at 523 U.S. 224, not 528 U.S. 224. This copy came from a Harvard Caselaw Access Project scan; the error may be the copy's, not the court's.
PER CURIAM: *

Appealing the Judgment in a Criminal Case, Gerardo Velasquez-Gonzalez raises arguments that are foreclosed by Almendarez-Torres v. United States, 528 U.S. 224, 235[incorrect citation], 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 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.