Filed: Dec. 12, 2007
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 07-50903 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. JUAN DANIEL PEREZ-CHAVEZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:07-CR-34-ALL Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Juan Daniel Perez-Chavez raises arguments that are foreclosed by Almendarez-Torres v. United States, 5
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 07-50903 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. JUAN DANIEL PEREZ-CHAVEZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:07-CR-34-ALL Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Juan Daniel Perez-Chavez raises arguments that are foreclosed by Almendarez-Torres v. United States, 52..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-50903
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JUAN DANIEL PEREZ-CHAVEZ
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:07-CR-34-ALL
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Juan Daniel Perez-Chavez
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), 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.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
