USA vs. Diaz-Valencia, (5th Cir. 2007)
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
September 6, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 07-50044
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ALEJANDRO DIAZ-VALENCIA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-1271-1
Before DeMOSS, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Alejandro Diaz-Valencia raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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