USA v. Ramirez-Gomez, No. 06-50900 (5th Cir. 2007)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 06-50900 Conference Calendar December 12, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. PROCOPIO RAMIREZ-GOMEZ Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-1129-ALL Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Procopio Ramirez-Gomez (Ramirez) raises arguments that he concedes 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. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). Ramirez has served his term of incarceration and has been removed from the United States. Ramirez also raises arguments that he concedes are foreclosed by United States v. Rosenbaum- * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-50900 Alanis, 483 F.3d 381, 383 (5th Cir.), petition for cert. filed, (June 25, 2007) (No. 06-12082), which held that an appeal of a sentence is moot when the appellant has been removed and is barred from entering the United States. Government s motion for summary affirmance is DENIED. DISMISSED. The The appeal is

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