United States v. Navarrete-Fierro

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. 06-11328 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE NAVARRETE-FIERRO, also known as Jose Luis Fierro, also known as Ricardo Navarro, also known as Jose Luis Navarrete, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 1:06-CR-23-1 -------------------- Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:* Appealing the Judgment in a Criminal Case, Jose Navarrete- Fierro (Navarrete) 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. Navarrete also raises arguments that are foreclosed by United States v. Mejia-Huerta, 480 F.3d 713, 723 (5th Cir. 2007), petition for cert. filed, 75 U.S.L.W.

3585 (U.S. Apr. 18, 2007) (No. 06-1381), which held that the

No. 06-11328 -2- district court is not required to provide notice prior to sentencing of its sua sponte intention to impose a non-Guidelines sentence. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.