USA v. Eddy Lopez-Lopez, No. 09-50349 (5th Cir. 2009)

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50349 Conference Calendar December 15, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EDDY OLIVER LOPEZ-LOPEZ, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 5:08-CR-537-1 Before KING, JOLLY, and SOUTHWICK, Circuit Judges. PER CURIAM:* Appealing the judgment in a criminal case, Eddy Oliver Lopez-Lopez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. ยง 1326(b)(2) is a penalty provision and not a separate criminal offense. See United States v. PinedaArrellano, 492 F.3d 624, 625 (5th Cir. 2007). 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.