United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS I L E D
F
FOR THE FIFTH CIRCUIT December 5, 2007
Charles R. Fulbruge III
Clerk
No. 07-10379
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
GUILLERMO FLORES SOLORZANO
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CR-178-1
Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Guillermo Flores Solorzano
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. United States v.
Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), petition for cert. filed (Aug.
*
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should not be published and is not precedent except under the limited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. 07-10379
28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.
2