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United States v. Padilla-Castanon
Citation: 259 F. App'x 635Docket: No. 07-50846
Court: Court of Appeals for the Fifth Circuit; December 11, 2007; Federal Appellate Court
Felix Padilla-Castanon's appeal of a criminal judgment is denied, as his arguments 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, thereby upholding the district court's ruling. Additionally, according to 5th Cir. R. 47.5, this opinion is not intended for publication and does not establish a precedent, except under specified limited circumstances.