United States v. Ureta-Rios

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 06-51664 F I L E D Conference Calendar August 8, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. FERNANDO URETA-RIOS Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-1436-ALL Before DENNIS, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Fernando Ureta-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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.