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. 06-40651
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REYMUNDO PIEDRA-GARCIA, also known as Ramiro Piedro-Pompa,
Defendant-Appellant.
Consolidated with
No. 06-40658
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
REYMUNDO PIEDRA-GARCIA, also known as Sabino Perez Gomez,
Defendant-Appellant.
--------------------
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-855
USDC No. 1:03-CR-368-1
--------------------
Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
*
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this opinion should not be published and is not precedent except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. 06-40651 c/w
No. 06-40658
-2-
Appealing the Judgments in Criminal Cases, Reymundo Piedra-
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. The Government’s motion for summary affirmance
is GRANTED, and the judgments of the district court are AFFIRMED.