U.S. v. Lopez-Ayala

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Hector LOPEZ-AYALA…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 2, 2007

226 F. App'x 415 (5th Cir. 2007)

Opinion

No. 06-11081 Conference Calendar.

May 2, 2007.

J. Michael Worley, Assistant U.S. Attorney, U.S. Attorney's Office Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.

Raymond J. Rodgers, Federal Public Defender's Office Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:06-CR-50-ALL.

Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.

PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the Judgment in a Criminal Case, Hector Lopez-Ayala 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 judgment of the district court is AFFIRMED.