United States v. Garcia-Franco

* 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this opinion should not be published and is not precedent except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
November 9, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10454
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ABRAHAM GARCIA-FRANCO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:05-CR-329-ALL
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Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Abraham Garcia-
Franco raises arguments that are foreclosed by United States v.
Aguirre-Villa, 460 F.3d 681, 683 (5th Cir. 2006), which held that
the district court’s refusal to factor in, when sentencing a
defendant, the sentencing disparity caused by early disposition
programs does not render a sentence unreasonable, 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. 06-10454
-2-
summary affirmance is GRANTED, and the judgment of the district
court is AFFIRMED.

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