United States v. Reyes-Reyes ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 9, 2006
Charles R. Fulbruge III
Clerk
No. 05-40763
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAMON REYES-REYES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-796-ALL
--------------------
Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Ramon Reyes-Reyes
raises arguments that are foreclosed by United States v. Valdez-
Maltos, 443 F.3d 910, 911 (5th Cir.), cert. denied, S. Ct.
(Oct. 2, 2006)(No. 06-5473), and United States v. Garcia-Mendez,
420 F.3d 454, 457 (5th Cir. 2005), cert. denied, 126 S. Ct. 1398
(2006), which held that a Texas conviction for burglary of a
habitation was equivalent to burglary of a dwelling, and 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
*
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this opinion should not be published and is not precedent except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.
No. 05-40763
-2-
not a separate criminal offense. The Government’s motion for
summary affirmance is GRANTED, and the judgment of the district
court is AFFIRMED.