United States v. Zaragoza-Zavala

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 2, 2007

Charles R. Fulbruge III Clerk No. 06-40238 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SERGIO ZARAGOZA-ZAVALA, also known as Louis A. Valera,

Defendant-Appellant.

Consolidated with No. 06-40248 Conference Calendar

SERGIO ZARAGOZA,

-------------------- Appeals from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-600-ALL USDC No. 5:05-CR-2562-ALL --------------------

Before HIGGINBOTHAM, WIENER, and PRADO, 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40238 c/w No. 06-40248 -2-

Appealing the Judgments in these Criminal Cases, the

defendant 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.