USA vs. Huerta-Gandara, (5th Cir. 2007)
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United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS
March 7, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-51179
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OSCAR HUERTA-GANDARA,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-513-ALL
Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Oscar Huerta- Gandara 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. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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