United States v. Hernandez-Ramos

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 8, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 07-40164 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. JORGE HERNANDEZ-RAMOS, also known as Jorge Perez-Hernandez Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:06-CR-1196-ALL Before DENNIS, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jorge Hernandez-Ramos 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.