United States v. Gonzalez-Garcia

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. 06-40503 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE LUIS GONZALEZ-GARCIA, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:05-CR-960-ALL -------------------- Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges. PER CURIAM:* Appealing the Judgment in a Criminal Case, Jorge Luis Gonzalez-Garcia raises arguments that are foreclosed by 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 therefore was 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-40503 -2- offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.