United States v. Gomez-Valles

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this opinion should not be published and is not precedent except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
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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.