USA vs. Sustaita-Saenz, (5th Cir. 2007)
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United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS
July 11, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-41560
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER SUSTAITA-SAENZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:06-CR-483-ALL
Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM:* Appealing the Judgment in a Criminal Case, Javier Sustaita- Saenz 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 appellant's motion for summary disposition 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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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