
    UNITED STATES of America, Plaintiff-Appellee v. Victor RUBIO-LOPEZ, Defendant-Appellant.
    No. 07-10194
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 3, 2007.
    Juan Carlos Rodriguez, U.S. District Court, Dallas, TX, for Plaintiff-Appellee.
    John Macintyre Nicholson, Federal Public Defender’s Office, Northern District Of Texas, Dallas, TX, for Defendant-Appellant.
    Before JOLLY, DAVIS, and WIENER, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Victor Rubio-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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), petition for cert, filed (Aug. 28, 2007) (No. 07-6202). 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     