United States v. Caballos-Ramirez

* 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this opinion should not be published and is not precedent except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 Court of Appeals
Fifth Circuit
F I L E D
July 11, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-41259
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LUIS CABALLOS-RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-2285-ALL
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Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Luis
Caballos-Ramirez raises arguments that are foreclosed by United
States v. Murillo-Lopez, 444 F.3d 337, 344-45 (5th Cir. 2006),
which held that a California conviction for burglary of an
inhabited dwelling house was equivalent to burglary of a dwelling
and therefore was a crime of violence under U.S.S.G. § 2L1.2, and
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

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No. 06-41259
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summary affirmance is GRANTED, and the judgment of the district
court is AFFIRMED.

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