USA v. Vasquez-Sanchez, No. 05-50378 (5th Cir. 2006)
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 5, 2006 Charles R. Fulbruge III Clerk No. 05-50378 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO VASQUEZ-SANCHEZ, also known as Antonio Vasquez-Cuevas, also known as Guadalupe Esparza-Garcia, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-1863-ALL -------------------Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Antonio VasquezSanchez raises arguments that are foreclosed by United States v. Murillo-Lopez, 444 F.3d 337, 344-45 (5th Cir. 2006), which held that a California conviction for burglary of an inhabited dwelling house was equivalent to burglary of a dwelling and therefore was a crime of violence under U.S.S.G. § 2L1.2, and 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 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 05-50378 -2not a separate criminal offense. The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
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