U.S. v. Rodriguez-Mejia

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Evaristo RODRIGUEZ-MEJIA…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jul 11, 2007

234 F. App'x 269 (5th Cir. 2007)

Opinion

No. 06-51416, Conference Calendar.

July 11, 2007.

Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Alfred Van Sumpter, Law Office of Alfred V. Sumpter, Del Rio, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 2:06-CR-520-ALL.

Before JOLLY, CLEMENT, and OWEN, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Evaristo Rodriguez-Mejia 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.