Conference Calendar UNITED STATES OF AMERICA v. Jfidel Lopez-Zamora

* 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should not be published and is not precedent except under the limited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.
REVISED AUGUST 29, 2008
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-50691
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
J FIDEL LOPEZ-ZAMORA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:06-CR-458-ALL
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
J. Fidel Lopez-Zamora appeals his sentence for illegal reentry following
deportation. Lopez-Zamora contends that the 41-month term of imprisonment
imposed in his case, based on the enhanced penalty provisions of 8 U.S.C.
§ 1326(b), exceeds the statutory maximum sentence allowed for the § 1326(a)
offense charged in his indictment. The Government moves for summary
United States Court of Appeals
Fifth Circuit
F I L E D
August 20, 2008
Charles R. Fulbruge III
Clerk

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No. 07-50691
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affirmance on the grounds that Lopez-Zamora’s argument is foreclosed by
Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). As Lopez-Zamora
concedes, the Government is correct. See Almendarez-Torres, 523 U.S. at 235;
United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir. 2005).
Lopez-Zamora filed a motion for appointment of counsel in July 2007, after
his counsel had moved to withdraw. The motion to withdraw was denied, and
Lopez-Zamora has filed no pleading seeking removal of counsel. Therefore, his
motion for appointment of counsel is DENIED as moot.
Because Lopez-Zamora’s argument is foreclosed, the Government’s motion
for summary affirmance is GRANTED. The Government’s alternative motion
for an extension of time for filing an appellate brief is DENIED, and the
judgment of the district court is AFFIRMED.

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