
    UNITED STATES of America, Plaintiff-Appellee, v. Marco Antonio RAMIREZ-LOPEZ, also known as Marcos Tulio Lopez, also known as Marvin Ramirez, also known as Mario Roberto Alvarado, also known as Ricar Machorro-Salas, also known as Marcos Tulio Lopez-Ramirez, Defendant-Appellant.
    No. 06-10140
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Sept. 8, 2006.
    Denise B. Williams, U.S. Attorney’s Office, Lubbock, TX, for Plaintiff-Appellee.
    Helen Miller Liggett, Assistant Federal Public Defender, Federal Public Defender’s Office, Lubbock, TX, for Defendant-Appellant.
    Before KING, GARWOOD, and JOLLY, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Marco Antonio Ramirez-Lopez 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. 
      
       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     