United States v. Perez-Canedo 235 F. App'x 281

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Roberto Perez-Canedo (Perez) seeks to preserve for further review his contention that his sentence is unreasonable because this court’s post-Booker** rulings have effectively reinstated the *282mandatory Sentencing Guideline regime condemned in Booker. Perez concedes that his argument is foreclosed by United States v. Mares, 402 F.3d 511 (5th Cir.2005), and its progeny, which have outlined this court’s methodology for reviewing sentences for reasonableness. In light of Rita v. United States, — U.S. -, -, 127 S.Ct. 2456, 2462-68, 168 L.Ed.2d 203 (2007), the issue remains foreclosed. Perez also raises 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. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.