United States v. Salgado-Ramos

Court: Court of Appeals for the Fifth Circuit
Date filed: 2006-09-08
Citations: 199 F. App'x 365
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Lead Opinion
PER CURIAM: *

Appealing the Judgment in a Criminal Case, Raul Salgado-Ramos raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235,

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118 S.Ct. 1219, 140 L.Ed.2d 350 (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

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published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.