United States v. Beltran-Garcia , 230 F. App'x 425 ( 2007 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   June 6, 2007
    Charles R. Fulbruge III
    Clerk
    No. 06-41672
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    JOSE VICTOR GARCIA-ZAPATA, also known as Jose Garcia-Zapata,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 7:06-CR-623-1
    --------------------
    Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
    PER CURIAM:*
    Appealing the Judgment in a Criminal Case, Jose Victor
    Garcia-Zapata (Garcia) preserves 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.   Garcia concedes
    that his argument is foreclosed by United States v. Mares, 
    402 F.3d 511
     (5th Cir. 2005), and its progeny, which have outlined
    this court’s methodology for reviewing sentences for
    *
    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    this opinion should not be published and is not precedent except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. 06-41672
    -2-
    reasonableness.   Garcia 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.   The Government’s motion for
    summary affirmance is GRANTED, and the judgment of the district
    court is AFFIRMED.
    

Document Info

Docket Number: 06-41672

Citation Numbers: 230 F. App'x 425

Judges: Benavides, Dennis, Per Curiam, Smith

Filed Date: 6/6/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023