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. 06-10639
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WALTER ALBERTO MEJIA-RUIZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-34-ALL
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Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Walter Alberto
Mejia-Ruiz 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
reasonable. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.
*
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this opinion should not be published and is not precedent except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.