United States v. Bat

U.S. Courts of Appeals

Decided November 8, 2007

U.S. Courts of Appeals · decided 2007-11-08

Applies 8 U.S.C. § 1326 (§ 276 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Almendarez-Torres v. United States · United States v. Pineda-Arrellano

Decided 2007-11-08

PER CURIAM: *

¶1 Appealing the Judgment in a Criminal Case, Luis Rafael Bat raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 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 of *431 fense. 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 Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

¶2 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.