United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 6, 2007
Charles R. Fulbruge III
Clerk
No. 06-41507
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICARDO OMAR GOMEZ-VALLES, also known as Ricardo
Gomez-Valles,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:06-CR-485
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Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Ricardo Omar
Gomez-Valles (Gomez) preserves for further review his contention
that his sentence is unreasonable because this court’s post-
Booker** rulings have effectively reinstated the mandatory
Sentencing Guideline regime condemned in Booker. Gomez concedes
that his argument is foreclosed by United States v. Mares, 402
F.3d 511 (5th Cir. 2005), and its progeny, which have outlined
*
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this opinion should not be published and is not precedent except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.
**
United States v. Booker, 543 U.S. 220 (2005).
No. 06-41507
-2-
this court’s methodology for reviewing sentences for
reasonableness. Gomez also 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 judgment of the district
court is AFFIRMED.