Conference Calendar UNITED STATES OF AMERICA v. Roberto Martinez-Reyes, also known as Roberto Martinez Reyes

* 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should not be published and is not precedent except under the limited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.
1 United States v. Booker, 543 U.S. 220 (2005).
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-20069
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ROBERTO MARTINEZ-REYES, also known as Roberto Martinez Reyes
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:06-CR-295-1
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Roberto Martinez-Reyes (Martinez) appeals his guilty plea conviction and
sentence for illegal reentry following removal from the United States. Martinez
contends that his sentence is unreasonable because this court’s post-Booker1
rulings have effectively reinstated the mandatory guidelines regime condemned
United States Court of Appeals
Fifth Circuit
F I L E D
October 25, 2007
Charles R. Fulbruge III
Clerk

-- 1 of 2 --

No. 07-20069
2
in Booker. This argument is foreclosed. See Rita v. United States, 127 S. Ct.
2456, 2462 (2007).
In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Martinez
challenges the constitutionality of 8 U.S.C. § 1326(b)’s treatment of prior felony
and aggravated felony convictions as sentencing factors rather than elements of
the offense that must be found by a jury. This court has held that this issue is
“fully foreclosed from further debate.” United States v. Pineda-Arrellano, 492
F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202).
The judgment of the district court is AFFIRMED.

-- 2 of 2 --