Conference Calendar UNITED STATES OF AMERICA v. Jose Humberto Velasquez

* 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should not be published and is not precedent except under the limited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. 07-50552 c/w
No. 07-50556
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE HUMBERTO VELASQUEZ
Defendant-Appellant
Appeals from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-2451-1
USDC No. 3:04-CR-2750-ALL
Before KING, BARKSDALE, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgments in Criminal Cases, Jose Humberto Velasquez
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-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, and the judgment
of the district court is AFFIRMED.
United States Court of Appeals
Fifth Circuit
F I L E D
November 8, 2007
Charles R. Fulbruge III
Clerk

-- 1 of 1 --