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. 06-41672
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE VICTOR GARCIA-ZAPATA, also known as Jose Garcia-Zapata,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:06-CR-623-1
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Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Jose Victor
Garcia-Zapata (Garcia) 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. Garcia concedes
that his argument is foreclosed by United States v. Mares, 402
F.3d 511 (5th Cir. 2005), and its progeny, which have outlined
this court’s methodology for reviewing sentences for
*
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this opinion should not be published and is not precedent except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. 06-41672
-2-
reasonableness. Garcia 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.