United States v. Ojeda-Gonzalez

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
November 8, 2007
No. 07-50514
Conference Calendar Charles R. Fulbruge III
Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ELIGIO OJEDA-GONZALEZ, also known as Miguel Reynosos-Gonzalez, also
known as Javier Dominguez-Arias

Defendant-Appellant

Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-1438-ALL

Before KING, BARKSDALE, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Eligio Ojeda-Gonzalez 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. See United States v. Pineda-Arrellano, 492 F.3d
624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The

*
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should not be published and is not precedent except under the limited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.
 No. 07-50514

Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.

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