United States v. Macedo-Rios

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 9, 2006

Charles R. Fulbruge III
Clerk
No. 06-50515
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ISRAEL MACEDO-RIOS,

Defendant-Appellant.

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Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:05-CR-753-ALL
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Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Israel Macedo-

Rios 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this opinion should not be published and is not precedent except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.