United States v. Lopez-Mata

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 6, 2007

Charles R. Fulbruge III Clerk No. 06-11217 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ARMANDO LOPEZ-MATA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 6:06-CR-19-ALL --------------------

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Armando Lopez-

Mata (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. § 1326(b)(2) is a penalty provision and not a

separate criminal offense. Lopez also raises arguments that are

foreclosed by United States v. Mejia-Huerta, 480 F.3d 713, 723

(5th Cir. 2007), petition for cert. filed, 75 U.S.L.W. 3585 (U.S.

Apr. 18, 2007) (No. 06-1381), which held that the district court

is not required to provide notice prior to sentencing of its sua

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-11217 -2-

sponte intention to impose a non-Guidelines sentence. The

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.