United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 5, 2006
Charles R. Fulbruge III
Clerk
No. 06-10170
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE REMEDIOS REYES-GARCIA, also known as Jose
Remedios Reyes, also known as Ricardo Valles Ramirez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:05-CR-134
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Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Remedios
Reyes-Garcia 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, and by United States v. Alonzo, 435
F.3d 551, 554 (5th Cir. 2006), which held that a sentence within
a properly calculated Guideline range is presumptively
*
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this opinion should not be published and is not precedent except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. 06-10170
-2-
reasonable. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.