Narrative Opinion Summary
Luciano Solorio-Rivera's appeal of his criminal case judgment presents arguments that are precluded by the precedent set in Almendarez-Torres v. United States, which classified 8 U.S.C. 1326(b)(2) as a penalty provision rather than a distinct criminal offense. The court has granted the Government's motion for summary affirmance, resulting in the affirmation of the district court's judgment. Additionally, the opinion will not be published and is not considered precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.
Legal Issues Addressed
Classification of 8 U.S.C. 1326(b)(2) as a Penalty Provisionsubscribe to see similar legal issues
Application: The court reaffirmed that 8 U.S.C. 1326(b)(2) is a penalty provision, not a distinct criminal offense, following the precedent set in Almendarez-Torres v. United States.
Reasoning: Luciano Solorio-Rivera's appeal of his criminal case judgment presents arguments that are precluded by the precedent set in Almendarez-Torres v. United States, which classified 8 U.S.C. 1326(b)(2) as a penalty provision rather than a distinct criminal offense.
Publication and Precedent Status of Judicial Opinionssubscribe to see similar legal issues
Application: This opinion will not be published and does not set precedent, except under specific conditions outlined in the court rules.
Reasoning: Additionally, the opinion will not be published and is not considered precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.
Summary Affirmance in Criminal Appealssubscribe to see similar legal issues
Application: The court granted the Government's motion for summary affirmance, thereby affirming the district court's judgment without a detailed opinion.
Reasoning: The court has granted the Government's motion for summary affirmance, resulting in the affirmation of the district court's judgment.