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

FILED January 30, 2008 No. 07-50774 Consolidated with Charles R. Fulbruge III No. 07-50782 Clerk Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

SABINO GONZALEZ-MALDONADO, also known as Sabino Gonzalez

Defendant-Appellant

Appeals from the United States District Court for the Western District of Texas USDC No. 3:06-CR-1390-ALL USDC No. 3:07-CR-441-ALL

Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appealing the Judgments in Criminal Cases, Sabino Gonzalez-Maldonado 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. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50774 c/w No. 07-50782

Arrellano,

(5th Cir. 2007), cert. denied,

(Jan. 7, 2008) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgments of the district court are AFFIRMED.

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