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United States v. Garcia-Castillo, 06-20511 (2007)

Court: Court of Appeals for the Fifth Circuit Number: 06-20511 Visitors: 71
Filed: Mar. 07, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 7, 2007 Charles R. Fulbruge III Clerk No. 06-20511 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SANTIAGO GARCIA-CASTILLO, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. 4:06-CR-2-ALL - Before KING, WIENER, and OWEN, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case
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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                  March 7, 2007

                                                          Charles R. Fulbruge III
                                                                  Clerk
                            No. 06-20511
                        Conference Calendar


UNITED STATES OF AMERICA,

                                    Plaintiff-Appellee,

versus

SANTIAGO GARCIA-CASTILLO,

                                    Defendant-Appellant.

                         --------------------
            Appeal from the United States District Court
                 for the Southern District of Texas
                        USDC No. 4:06-CR-2-ALL
                         --------------------

Before KING, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

     Appealing the Judgment in a Criminal Case, Santiago Garcia-

Castillo 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this opinion should not be published and is not precedent except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.

Source:  CourtListener

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