Conference Calendar UNITED STATES OF AMERICA v. German Guadalupe Pacheco-Soria, also known as Jesus Rodriguez-Ruiz

* 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should not be published and is not precedent except under the limited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. 07-51354
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GERMAN GUADALUPE PACHECO-SORIA, also known as Jesus
Rodriguez-Ruiz
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:07-CR-369-ALL
Before KING, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, German Guadalupe Pacheco-
Soria 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), cert. denied, 128 S. Ct. 872 (2008).
The judgment of the district court is AFFIRMED. The Government’s motion for
summary affirmance, which relies on inapposite authority, is DENIED.
United States Court of Appeals
Fifth Circuit
F I L E D
March 5, 2008
Charles R. Fulbruge III
Clerk

-- 1 of 1 --