U.S. Court of Appeals for the Fifth Circuit, 2007

United States v. Moreno-Velasquez

United States v. Moreno-Velasquez
U.S. Court of Appeals for the Fifth Circuit · Decided May 2, 2007 · Higginbotham, Wiener, Prado
226 F. App'x 425

United States v. Moreno-Velasquez

Opinion

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Armando Moreno-Velasquez (Moreno) preserves for further review his contention that his sentence is unreasonable *426 because this court’s post-Booker ** rulings have effectively reinstated the mandatory Sentencing Guideline regime condemned in Booker. Moreno concedes that his argument is foreclosed by United States v. Mares, 402 F.3d 511 (5th Cir.), cert. denied, — U.S. —, 126 S.Ct. 43, 163 L.Ed.2d 76 (2005), and its progeny, which have outlined this court’s methodology for reviewing sentences for reasonableness. Moreno also raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (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.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *426 the limited circumstances set forth in 5th Cir. R. 47.5.4.

**

United States v. Booker, 543 U.S. 220, 125 S. Ct. 738, 160 L.Ed.2d 621 (2005).

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