Conference Calendar UNITED STATES OF AMERICA v. Andres Flores-Holguin, also known as Jose Andres Flores

* 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should not be published and is not precedent except under the limited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. 07-50509
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ANDRES FLORES-HOLGUIN, also known as Jose Andres Flores
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-573-ALL
Before KING, BARKSDALE, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Andres Flores-Holguin 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. United States v. Pineda-Arrellano, 492 F.3d 624,
625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The
United States Court of Appeals
Fifth Circuit
F I L E D
November 8, 2007
Charles R. Fulbruge III
Clerk

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No. 07-50509
2
Government’s motion for summary affirmance is GRANTED, and the judgment
of the district court is AFFIRMED.

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