
    UNITED STATES of America, Plaintiff-Appellee v. Jose Guadalupe DELGADO-ARANDA, also known as Jose G. Delgado, Defendant-Appellant.
    No. 07-40821
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Jan. 30, 2008.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.
    Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.
    Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Jose Guadalupe Delgado-Aranda 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), cert. denied, — U.S.-, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED. 
      
       Pursuant to 5th Cik. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.
     