Conference Calendar UNITED STATES OF AMERICA v. Jose Lara-Ramos, also known as Jose Antonio Lara Ramos, also known as Jose Alberto…

* 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should not be published and is not precedent except under the limited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
August 8, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-20319
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE LARA-RAMOS, also known as Jose Antonio Lara Ramos, also
known as Jose Alberto Lara-Ramos, also known as Jose Antonio
Lara-Ramos, also known as Jose Antonio Ramos
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:06-CR-437-1
Before DENNIS, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Lara-Ramos 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. The appellant's motion for summary disposition
is GRANTED, and the judgment of the district court is AFFIRMED.

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