U.S. v. ROSALES-RODRIGUEZ, 249 Fed.Appx. 363 (5th Cir. 2007)

UNITED STATES of America, Plaintiff-Appellee v. Juan Carlos ROSALES-RODRIGUEZ, also known as Juan Carlos Gonzalez, Defendant-Appellant.

No. 07-50521 Conference Calendar.United States Court of Appeals, Fifth Circuit.
October 3, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

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

Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendants-Appellant.

Appeal from the United States District Court for the Western District of Texas, USDC No. 3:06-CR-2335-ALL.

Before JOLLY, DAVIS, and WIENER, Circuit Judges.

PER CURIAM:[*]

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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, Juan Carlos Rosales-Rodriguez raises arguments that are foreclosed b 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007) petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

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