Conference Calendar UNITED STATES OF AMERICA v. Santos Guillermo Castillo-Vara

* 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should not be published and is not precedent except under the limited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. 07-10250
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SANTOS GUILLERMO CASTILLO-VARA
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:06-CR-186-1
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Santos Guillermo Castillo-
Vara 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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 3, 2007
Charles R. Fulbruge III
Clerk

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No. 07-10280
2
28, 2007) (No. 07-6202). The Government's motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.

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