Categories: Fifth Circuit Court of Appeals Opinions

U.S. v. LOPEZ-MATA, 229 Fed.Appx. 351 (5th Cir. 2007)

UNITED STATES of America, Plaintiff-Appellee, v. Armando LOPEZ-MATA, Defendant-Appellant.

No. 06-11217 Conference Calendar.United States Court of Appeals, Fifth Circuit.
June 6, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Denise B. Williams, U.S. Attorney’s Office Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee.

Sherylynn Ann Kime-Goodwin, Assistant Federal Public Defender, Federal Public Defender’s Office Northern District of Texas, Lubbock, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Texas, USDC No. 6:06-CR-19-ALL.

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:[*]

[*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

Appealing the Judgment in a Criminal Case, Armando Lopez-Mata (Lopez) raises

Page 352

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. Lopez 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 it 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.