USA v. Reyes-Garcia

Filing 920061005

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 5, 2006 Charles R. Fulbruge III Clerk No. 06-10170 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE REMEDIOS REYES-GARCIA, also known as Jose Remedios Reyes, also known as Ricardo Valles Ramirez, Defendant-Appellant. -------------------Appeal from the United States District Court for the Northern District of Texas USDC No. 4:05-CR-134 -------------------Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Remedios Reyes-Garcia raises arguments that are foreclosed by AlmendarezTorres 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, and by United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006), which held that a sentence within a properly calculated Guideline range is presumptively

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-10170 -2reasonable. The Government's motion for summary affirmance is

GRANTED, and the judgment of the district court is AFFIRMED.