USA v. Esparza-Ornelas, No. 07-50201 (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. 07-50197 Conference Calendar December 5, 2007 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. MANUEL ESPARZA-ORNELAS Defendant-Appellant Consolidated with No. 07-50201 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. MANUEL ESPARZA-ORNELAS, also known as Manuel Esparza-Gonzalez Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 3:00-CR-951-ALL USDC No. 3:06-CR-1697-ALL No. 07-50197 c/w No. 07-50201 Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgments in Criminal Cases, Manuel Esparza-Ornelas 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. 28, 2007) (No. 07-6202). The Government s motion for summary affirmance is GRANTED, and the judgments of the district court are 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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