Conference Calendar UNITED STATES OF AMERICA v. Jose Luis Lopez-Ortiz

* 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should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
F I L E D
September 6, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40369
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE LUIS LOPEZ-ORTIZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:06-CR-1097-1
Before DeMOSS, DENNIS, and OWEN, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Luis Lopez-Ortiz 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. See United States v. Pineda-Arrellano, 492 F.3d
624, 625 (5th Cir. 2007). The appellant's motion for summary disposition is
GRANTED, and the judgment of the district court is AFFIRMED.

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