Conference Calendar UNITED STATES OF AMERICA v. Freddy Lionel Romero-Ventura

* 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should not be published and is not precedent except under the limited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. 06-41042
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
FREDDY LIONEL ROMERO-VENTURA
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-2529-ALL
Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges.
PER CURIAM:*
Freddy Lionel Romero-Ventura (Romero) appeals the 41-month sentence
he received following his guilty-plea conviction for illegal reentry, in violation of
8 U.S.C. §1326. In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Romero
challenges the constitutionality of § 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
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. 06-41042
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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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