USA v. Gomez-Arias, No. 07-50142 (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. 07-50142 Conference Calendar December 5, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. JIMY RAMON GOMEZ-ARIAS, also known as Jimy Ramon Gomez-Garrido Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-706-ALL Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jimy Ramon Gomez-Arias 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50142 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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