Conference Calendar UNITED STATES OF AMERICA v. Rafael Lumbreras-Amaro, also known as Fransisco Amaro-Lumbreras, also known as…

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-20600
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
RAFAEL LUMBRERAS-AMARO, also known as Fransisco Amaro-Lumbreras,
also known as Rafael Lumbreras
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:07-CR-55-ALL
Before REAVLEY, BARKSDALE, AND GARZA, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Rafael Lumbreras-Amaro
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), petition for cert. filed (Aug. 28, 2007) (No. 07-6202).
United States Court of Appeals
Fifth Circuit
F I L E D
December 12, 2007
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 07-20600
2
The appellant’s motion for summary disposition is GRANTED, and the judgment
of the district court is AFFIRMED.

-- 2 of 2 --