United States v. Zarember-Castanon

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 7, 2007
Charles R. Fulbruge III
Clerk
No. 05-41803
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JACOBO ZAREMBER-CASTANON, also known as Jacob
Zarember-Castanon,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-1147-ALL
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Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jacobo Zarember-
Castanon raises arguments that are foreclosed by United States v.
Santiesteban-Hernandez, 469 F.3d 376, 381 (5th Cir. 2006), which
held that a Texas robbery conviction qualified as a crime of
violence under U.S.S.G. § 2L1.2, 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 not a separate criminal
*
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this opinion should not be published and is not precedent except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. 05-41803
-2-
offense. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.