United States Court of Appeals
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 11, 2007
Charles R. Fulbruge III
Conference Calendar UNITED STATES OF AMERICA,
Plaintiff-Appellee, versus JUAN ANTONIO REYES-JUAREZ, also known as Juan Reyes-Juarez,
------------------- Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:06-CR-188-ALL
------------------- Before JOLLY, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:*
Appealing the Judgment in a Criminal Case, Juan Antonio Reyes-Juarez raises arguments that are foreclosed by Almendarez Torres v. United States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. Â§ 1326(b)(2) is a penalty provision and not a separate criminal offense. The Governmentâ€™s motion for summary affirmance is GRANTED, and the judgment of the district court is 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.