United States v. Sanchez-Perez

201 F. App'x 292

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 5, 2006
• Docket: 05-20445
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Mario Sanchez-Perez raises arguments that are foreclosed by United States v. Nava-Perez, 242 F.3d 277, 279 (5th Cir. 2001), which held that an alien’s removal, on reinstatement of a prior order of removal, was a separate and distinct event from his original removal, such that the alien had been removed subsequent to an aggravated felony conviction, and 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.