USA v. Solorzano, No. 07-10379 (5th Cir. 2007)

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United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS I L E D F December 5, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 07-10379 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. GUILLERMO FLORES SOLORZANO Defendant-Appellant Appeal from the United States District Court for the Northern District of Texas USDC No. 4:06-CR-178-1 Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Guillermo Flores Solorzano 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-10379 28, 2007) (No. 07-6202). The Government s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED. 2

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