United States v. Alonzo-Sierra

* 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this opinion should not be published and is not precedent except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
March 7, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-50807
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ESTEBAN ALONZO-SIERRA,
Defendant-Appellant.
Consolidated with
No. 06-50815
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ESTEBAN ALONZO-SIERRA, also known as Manuel Martinez, also
known as Esteban Alonzo, also known as Esteban Sierra,
Defendant-Appellant.
--------------------
Appeals from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-796-ALL
USDC No. 3:06-CR-244-ALL
--------------------
Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*

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No. 06-50807 c/w
No. 06-50815
-2-
Appealing the Judgments in Criminal Cases, Esteban Alonzo-
Sierra 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.

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