Testo completo
* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 5, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40285
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE SOROSA-SANCHEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:05-CR-788-1
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Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jorge Sorosa-
Sanchez raises arguments that are foreclosed by United States v.
Garcia-Mendez, 420 F.3d 454 (5th Cir. 2005), cert. denied, 126
S. Ct. 1398 (2006), which held that a Texas conviction for
burglary of a habitation was equivalent to burglary of a
dwelling, and 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
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No. 06-40285
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motion for summary affirmance is GRANTED, and the judgment of the
district court is AFFIRMED.
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