USA v. Mares-Miranda, No. 07-50292 (5th Cir. 2007)

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 8, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 07-50292 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. LUIS CARLOS MARES-MIRANDA Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2267-ALL Before DENNIS, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Luis Carlos Mares-Miranda 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 judgment of the district court is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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