USA v. Gonzalez-Maldonado, No. 07-50774 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-50774 Consolidated with No. 07-50782 Conference Calendar January 30, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. SABINO GONZALEZ-MALDONADO, also known as Sabino Gonzalez Defendant-Appellant Appeals from the United States District Court for the Western District of Texas USDC No. 3:06-CR-1390-ALL USDC No. 3:07-CR-441-ALL Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appealing the Judgments in Criminal Cases, Sabino Gonzalez-Maldonado 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- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50774 c/w No. 07-50782 Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 2008 WL 59441 (Jan. 7, 2008) (No. 07-6202). The Government s motion for summary affirmance is GRANTED, and the judgments of the district court are AFFIRMED. 2

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