United States v. Zepeda

United States Court of Appeals
Fifth Circuit
F I L E D
April 4, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51397
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC EDUARDO ZEPEDA-SOTO, also known as Eric Eduardo Zepeda,
Defendant-Appellant.
Consolidated w/
No. 06-51504
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC EDUARDO ZEPEDA, also known as Eric Ecuardo Zepeda,
Defendant-Appellant.
Consolidated w/
No. 06-51505
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERIC EDUARDO ZEPEDA,

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No. 06-51397 c/w
No. 06-51504 and No. 06-51505
-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this opinion should not be published and is not precedent except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.
Defendant-Appellant.
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Appeals from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-743-ALL
USDC No. 3:95-CR-26-ALL
USDC No. 3:06-CR-1265-ALL
--------------------
Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit
Judges.
PER CURIAM:*
Appealing the Judgments in these Criminal Cases, the
defendant 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 judgments of the district court
are AFFIRMED.

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