USA vs. Villarreal-Guzman, (5th Cir. 2006)

Status: Not Published

Docket Number: 06-50665

Linked as:

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United States Court of Appeals

Fifth Circuit

FILED

IN THE UNITED STATES COURT OF APPEALS

November 9, 2006

FOR THE FIFTH CIRCUIT

Charles R. Fulbruge III

Clerk

No. 06-50665

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JORGE VILLARREAL-GUZMAN, also known as Jorge

Lazcano-Gutierrez, also known as Jorge Antonio Silva-Garcia,

Defendant-Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-2740-ALL

Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:* Appealing the Judgment in a Criminal Case, Jorge Villarreal- Guzman 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.