Narrative Opinion Summary
Jose Pedro Grilli-Bruzzoni's appeal against the judgment in his criminal case is dismissed as his arguments are deemed 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, thereby upholding the district court's judgment. This opinion is designated as non-publishable and is not to be used as precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.
Legal Issues Addressed
Classification of Statutory Provisionssubscribe to see similar legal issues
Application: The court adheres to the classification of 8 U.S.C. § 1326(b)(2) as a penalty provision rather than a separate criminal offense.
Reasoning: Almendarez-Torres v. United States, which classified 8 U.S.C. § 1326(b)(2) as a penalty provision rather than a distinct criminal offense.
Non-Publishable Opinions and Precedentsubscribe to see similar legal issues
Application: The opinion is designated as non-publishable and is limited in its use as precedent according to specific court rules.
Reasoning: This opinion is designated as non-publishable and is not to be used as precedent, except under specific conditions outlined in 5th Cir. R. 47.5.4.
Precedent and Preclusionsubscribe to see similar legal issues
Application: The appellant's arguments are dismissed based on preclusion by existing precedent.
Reasoning: Jose Pedro Grilli-Bruzzoni's appeal against the judgment in his criminal case is dismissed as his arguments are deemed precluded by the precedent set in Almendarez-Torres v. United States.
Summary Affirmancesubscribe to see similar legal issues
Application: The court grants the government's motion for summary affirmance, thereby confirming the lower court's decision without further argument.
Reasoning: The court has granted the government's motion for summary affirmance, thereby upholding the district court's judgment.