United States v. Zepeda-Soto

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 4, 2007

Charles R. Fulbruge III Clerk No. 06-51397 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ERIC EDUARDO ZEPEDA-SOTO, also known as Eric Eduardo Zepeda,

Defendant-Appellant.

Consolidated w/ No. 06-51504 Conference Calendar

ERIC EDUARDO ZEPEDA, also known as Eric Ecuardo Zepeda,

Consolidated w/ No. 06-51505 Conference Calendar

ERIC EDUARDO ZEPEDA, No. 06-51397 c/w No. 06-51504 and No. 06-51505 -2-

Defendant-Appellant. -------------------- Appeals from the United States District Court for the Western District of Texas USDC No. 3:06-CR-743-ALL USDC No. 3:95-CR-26-ALL USDC No. 3:06-CR-1265-ALL --------------------

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges.

PER CURIAM:*

Appealing the Judgments in these Criminal Cases, the

defendant raises arguments that are foreclosed by Almendarez-

Torres v. United States, 523 U.S. 224, 235 (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 judgments of the district court

are 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.