USA v. Piedra-Garcia

Filing 920070207

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 7, 2007 Charles R. Fulbruge III Clerk No. 06-40651 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus REYMUNDO PIEDRA-GARCIA, also known as Ramiro Piedro-Pompa, Defendant-Appellant.

Consolidated with No. 06-40658 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus REYMUNDO PIEDRA-GARCIA, also known as Sabino Perez Gomez, Defendant-Appellant. -------------------Appeals from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-855 USDC No. 1:03-CR-368-1 -------------------Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges. PER CURIAM:* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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No. 06-40651 c/w No. 06-40658 -2Appealing the Judgments in Criminal Cases, Reymundo PiedraGarcia 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. The Government's motion for summary affirmance

is GRANTED, and the judgments of the district court are AFFIRMED.