United States v. Baez-Martinez

Fifth Circuit

United States v. Baez-Martinez

268 F. App'x 323

Court of Appeals for the Fifth Circuit·Decided March 5, 2008·No. 07-40884·Unpublished

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Santiago Baez-Martinez raises arguments that are foreclosed by AlmendarezTorres 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. Pinedas-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), cert. denied, — U.S.-, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). The appellant’s motion for summary disposition 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Santiago Baez-Martinez raises arguments that are foreclosed by AlmendarezTorres 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. Pinedas-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), cert. denied, — U.S.-, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). The appellant’s motion for summary disposition 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

United States v. Baez-Martinez, 268 F. App'x 323 (5th Cir. 2008).

Pincite

268 F. App'x 323 (United States v. Baez-Martinez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related