Conference Calendar UNITED STATES OF AMERICA v. Jorge Villanueva

* 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should not be published and is not precedent except under the limited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. 07-51449
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JORGE VILLANUEVA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-811-ALL
Before KING, HIGGINBOTHAM, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jorge Villanueva
raises arguments that are foreclosed by United States v. Rueda-Rivera, 396 F.3d
678, 680 (5th Cir. 2005), which held that the admission into evidence of a
Certificate of Nonexistence of Record to establish that the Government had not
consented to Villanueva’s presence in the United States does not violate the
Confrontation Clause, and Almendarez-Torres v. United States, 523 U.S. 224,
United States Court of Appeals
Fifth Circuit
F I L E D
June 4, 2008
Charles R. Fulbruge III
Clerk

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No. 07-51449
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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 Government’s
motion for summary affirmance is GRANTED, and the judgment of the district
court is AFFIRMED.

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