United States v. Torres

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 5, 2008 No. 07-51120 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. EFRAIN URIAS TORRES, also known as Fernando Lugo Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-919-ALL Before KING, STEWART, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Efrain Urias Torres 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 128 S. Ct. 872 (2008). The Government’s * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-51120 motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2