United States v. Lopez-Salazar

Fifth Circuit

United States v. Lopez-Salazar

235 F. App'x 304

Court of Appeals for the Fifth Circuit·Decided August 9, 2007·No. 07-40193·Unpublished

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Fidencio Lopez-Salazar 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 *305 penalty provision and not a separate criminal offense. The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be *305 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Appealing the Judgment in a Criminal Case, Fidencio Lopez-Salazar 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 *305 penalty provision and not a separate criminal offense. The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be *305 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

United States v. Lopez-Salazar, 235 F. App'x 304 (5th Cir. 2007).

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Opinion

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