IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
July 11, 2008
No. 07-51371
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOSE ARTURO ZEPEDA-CARDENAS, also known as Arturo Contreras-Zepeda
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-1339-ALL
Before JOLLY, DENNIS and PRADO, Circuit Judges.
PER CURIAM:*
Jose Arturo Zepeda-Cardenas, a/k/a Arturo Contreras-Zepeda, pleaded
guilty to illegal reentry after deportation and was sentenced to 24 months of
imprisonment and two years of supervised release. Zepeda-Cardenas
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-
*
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should not be published and is not precedent except under the limited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. 07-51371
Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 128 S. Ct. 872 (2008).
The Government’s motion for summary affirmance is GRANTED, the motion for
extension of time to file a brief is DENIED, and the judgment of the district
court is AFFIRMED.
2