Conference Calendar UNITED STATES OF AMERICA v. Marco Antonio Caldera-Lastra

* 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should not be published and is not precedent except under the limited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. 07-50206
c/w No. 07-50256
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MARCO ANTONIO CALDERA-LASTRA
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-1842-ALL
USDC No. 3:06-CR-2633-ALL
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Marco Antonio
Caldera-Lastra 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.
United States Court of Appeals
Fifth Circuit
F I L E D
December 12, 2007
Charles R. Fulbruge III
Clerk

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No. 07-50206
c/w No. 07-50256
2
Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug.
28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is
GRANTED, the Government’s motion for an extension of time to file a brief is
DENIED, and the judgments of the district court are AFFIRMED.

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