United States v. Rodriguez-Flores

230 F. App'x 423
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 6, 2007
Docket06-11325
StatusUnpublished

This text of 230 F. App'x 423 (United States v. Rodriguez-Flores) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rodriguez-Flores, 230 F. App'x 423 (5th Cir. 2007).

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Salvador Rodriguez-Flores 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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *424 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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Related

Almendarez-Torres v. United States
523 U.S. 224 (Supreme Court, 1998)

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Bluebook (online)
230 F. App'x 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodriguez-flores-ca5-2007.