Filed: May 02, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 2, 2007 Charles R. Fulbruge III Clerk No. 06-41652 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SANTIAGO GONZALEZ-PENUELOS, also known as Santiago Perez-Gonzalez, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. 7:06-CR-620-ALL - Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges. PER
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 2, 2007 Charles R. Fulbruge III Clerk No. 06-41652 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SANTIAGO GONZALEZ-PENUELOS, also known as Santiago Perez-Gonzalez, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. 7:06-CR-620-ALL - Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges. PER C..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 2, 2007
Charles R. Fulbruge III
Clerk
No. 06-41652
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SANTIAGO GONZALEZ-PENUELOS, also known as Santiago
Perez-Gonzalez,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:06-CR-620-ALL
--------------------
Before HIGGINBOTHAM, WIENER, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Santiago
Gonzalez-Penuelos (Gonzalez) preserves for further review his
contention that his sentence is unreasonable because this court’s
post-Booker** rulings have effectively reinstated the mandatory
Sentencing Guideline regime condemned in Booker. Gonzalez
concedes that his argument is foreclosed by United States v.
Mares,
402 F.3d 511 (5th Cir.), cert. denied,
126 S. Ct. 43
*
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this opinion should not be published and is not precedent except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.
**
United States v. Booker,
543 U.S. 220 (2005).
No. 06-41652
-2-
(2005), and its progeny, which have outlined this court’s
methodology for reviewing sentences for reasonableness. Gonzalez
also 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. The Government’s motion for summary affirmance is
GRANTED, and the judgment of the district court is AFFIRMED.