Conference Calendar UNITED STATES OF AMERICA v. Sabino Gonzalez-Maldonado, also known as Sabino Gonzalez

* 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should not be published and is not precedent except under the limited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. 07-50774
Consolidated with
No. 07-50782
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
SABINO GONZALEZ-MALDONADO, also known as Sabino Gonzalez
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-1390-ALL
USDC No. 3:07-CR-441-ALL
Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges.
PER CURIAM:*
Appealing the Judgments in Criminal Cases, Sabino Gonzalez-Maldonado
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-
United States Court of Appeals
Fifth Circuit
F I L E D
January 30, 2008
Charles R. Fulbruge III
Clerk

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No. 07-50774 c/w
No. 07-50782
2
Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 2008 WL 59441 (Jan.
7, 2008) (No. 07-6202). The Government’s motion for summary affirmance is
GRANTED, and the judgments of the district court are AFFIRMED.

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