United States v. Alonzo-Sierra

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 7, 2007

Charles R. Fulbruge III Clerk No. 06-50807 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

ESTEBAN ALONZO-SIERRA,

Defendant-Appellant.

Consolidated with No. 06-50815 Conference Calendar

ESTEBAN ALONZO-SIERRA, also known as Manuel Martinez, also known as Esteban Alonzo, also known as Esteban Sierra,

-------------------- Appeals from the United States District Court for the Western District of Texas USDC No. 3:06-CR-796-ALL USDC No. 3:06-CR-244-ALL --------------------

Before KING, WIENER, and OWEN, Circuit Judges.

PER CURIAM:*

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 06-50807 c/w No. 06-50815 -2-

Appealing the Judgments in Criminal Cases, Esteban Alonzo-

Sierra 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.