United States v. Palencia-Contreras

Fifth Circuit

United States v. Palencia-Contreras

216 F. App'x 458

Procedural entryThis page is a short order in United States v. Palencia-Contreras. Read the opinion of the Court — 141 F. App'x 342 →

Court of Appeals for the Fifth Circuit·Decided February 7, 2007·No. 06-41220·Unpublished

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Luciano Palencia-Contreras raises *459 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Appealing the Judgment in a Criminal Case, Luciano Palencia-Contreras raises *459 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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. Palencia-Contreras, 216 F. App'x 458 (5th Cir. 2007).

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Opinion

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