Conference Calendar UNITED STATES OF AMERICA v. Victor Alberto Martinez-Gaspar, also known as Victor Alberto 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should not be published and is not precedent except under the limited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. 06-41603
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
VICTOR ALBERTO MARTINEZ-GASPAR, also known as Victor Alberto
Gonzalez
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:06-CR-647-ALL
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Victor Alberto Martinez-
Gaspar raises arguments that are “fully 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-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug.
28, 2007) (No. 07-6202). The appellant's motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
October 25, 2007
Charles R. Fulbruge III
Clerk

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