Summary Calendar UNITED STATES OF AMERICA v. Miguel Angel Chica-Chacon, also known as Miguel Angel Chacon

* 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should not be published and is not precedent except under the limited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. 06-40326
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MIGUEL ANGEL CHICA-CHACON, also known as Miguel Angel Chacon
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:05-CR-725
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Miguel Angel Chica-Chacon appeals the 57-month sentence imposed
following his guilty plea to illegally reentering the United States following
previous deportation. Chica-Chacon argues that the district court erred in
applying the sentence enhancement under U.S.S.G. § 2L1.2 because his prior
Texas convictions for aggravated assault do not qualify as crimes of violence. In
United States Court of Appeals
Fifth Circuit
F I L E D
October 15, 2007
Charles R. Fulbruge III
Clerk

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No. 06-40326
2
light of our recent decision in United States v. Guillen-Alvarez, 489 F.3d 197,
199-201 (5th Cir. 2007), Chica-Chacon’s argument is unavailing.
In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Chica-Chacon
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).
AFFIRMED.

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