United States v. Reyes-Juarez
Court of Appeals for the Fifth Circuit, Case No. 06-41555
docket://gov.uscourts.ca5.06-41555 (What is this?)

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United States Court of Appeals

Fifth Circuit

F I L E D

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT July 11, 2007

Charles R. Fulbruge III

Clerk

No. 06-41555

Conference Calendar UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus JUAN ANTONIO REYES-JUAREZ, also known as Juan Reyes-Juarez,

Defendant-Appellant.

------------------- Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:06-CR-188-ALL

------------------- Before JOLLY, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:*

Appealing the Judgment in a Criminal Case, Juan Antonio Reyes-Juarez 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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