United States v. Lares-Meraz

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 11, 2007 Charles R. Fulbruge III Clerk No. 06-11287

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

IGNACIO LARES-MERAZ,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Texas USDC No. 6:06-CR-37 --------------------

Before JOLLY, CLEMENT, and OWEN, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Ignacio Lares- Meraz (Lares) 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. Lares 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 district court is not required to provide notice prior to sentencing of its sua No. 06-11287 -2- 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.