Filed: Nov. 08, 2007
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 8, 2007 No. 06-51574 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ROBERTO LUEVANOS-OVIEDO Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-560-ALL Before KING, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Robert
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 8, 2007 No. 06-51574 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ROBERTO LUEVANOS-OVIEDO Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-560-ALL Before KING, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Roberto..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 8, 2007
No. 06-51574
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ROBERTO LUEVANOS-OVIEDO
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:06-CR-560-ALL
Before KING, BARKSDALE, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Roberto Luevanos-Oviedo
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. See United States v.
Pineda-Arrellano,
492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug.
*
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should not be published and is not precedent except under the limited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.
No. 06-51574
28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.
2