United States v. Alfaro-Reyez , 239 F. App'x 905 ( 2007 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
September 6, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 06-41390
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
FRANCISCO SANDER ALFARO-REYEZ, also known as
Francisco Sandor Alfaro
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-458-1
Before DeMOSS, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Francisco Sander Alfaro-
Reyez (Alfaro) seeks to preserve for further review his contention that his
sentence is unreasonable because this court’s post-Booker** rulings have
effectively reinstated the mandatory Sentencing Guideline regime condemned
in Booker. Alfaro concedes that his argument is foreclosed by United States v.
*
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should not be published and is not precedent except under the limited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.
**
United States v. Booker, 543 U.S. 220 (2005).
No. 06-41390
Mares, 402 F.3d 511 (5th Cir. 2005), and its progeny, which have outlined this
court’s methodology for reviewing sentences for reasonableness. In light of Rita
v. United States, 127 S. Ct. 2456, 2462-68 (2007), the issue remains foreclosed.
Alfaro also 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. See United States v.
Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007). The Government’s motion
for summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
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