IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED November 8, 2007 No. 07-50473 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

SALVADOR RAMIREZ-MORA, also known as Victor Ramirez-Pena, also known as Salvador M Ramirez, also known as Salvador Mora Ramirez, also known as Jose Ramirez, also known as Salvador Ramirez-Morales, also known as Juan Ramirez Garcia

Defendant-Appellant

Consolidated with No. 07-50483 Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

SALVADOR RAMIREZ-MORA, also known as Victor Ramirez-Pena

Defendant-Appellant No. 07-50473 c/w No. 07-50483

Appeals from the United States District Court for the Western District of Texas USDC No. 3:04-CR-1566-ALL USDC No. 3:06-CR-2517-ALL

Before KING, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* Appealing the Judgments in Criminal Cases, Salvador Ramirez-Mora raises arguments that are foreclosed by Almendarez-Torres v. United States,

(1998), which held that

(b)(2) is a penalty provision and not a separate criminal offense. See United States v. Pineda-Arrellano,

(5th Cir. 2007), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgments of the district court are 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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