United States v. Romero-Ventura

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED December 12, 2007 No. 06-41042 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

FREDDY LIONEL ROMERO-VENTURA

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-2529-ALL

Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* Freddy Lionel Romero-Ventura (Romero) appeals the 41-month sentence he received following his guilty-plea conviction for illegal reentry, in violation of 8 U.S.C. §1326. In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Romero challenges the constitutionality of § 1326(b)’s treatment of prior felony and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury. This court has held that this issue is “fully

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-41042

foreclosed from further debate.” United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). AFFIRMED.