IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 25, 2007
No. 06-41291
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ARTURO MARTINEZ-CORPUS
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:06-CR-468-1
Before JOLLY, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Arturo Martinez-Corpus appeals from his conviction of illegal reentry
following deportation. He argues that the presumption of reasonableness given
to sentences within the advisory guideline sentencing range has
unconstitutionally reinstated the mandatory guideline sentencing system struck
down in United States v. Booker, 543 U.S. 220 (2005). This court’s rebuttable
presumption that sentences within the guideline sentencing range are
*
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should not be published and is not precedent except under the limited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. 06-41291
reasonable does not run afoul of Booker. See Rita v. United States, 127 S. Ct.
2456, 2462 (2007).
In light of Apprendi v. New Jersey, 530 U.S. 466 (2000), Martinez-Corpus
challenges the constitutionality of 8 U.S.C. § 1326(b)’s treatment of prior felony
and aggravated felony convictions as sentencing factors rather than elements of
the offense that must be found by a jury. This court has held that this issue is
“fully foreclosed from further debate.” United States v. Pineda-Arrellano,
492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug. 28, 2007)
(No. 07-6202).
AFFIRMED.
2