
    UNITED STATES of America, Plaintiff-Appellee, v. Patricio Carlos NELSON-TAITT, also known as Cecil Lowe, also known as Patrick Nelson, Defendant-Appellant.
    No. 05-50411.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Decided July 13, 2006.
    Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Anthony Benjamin Cantrell, Law Offices of Anthony B. Cantrell, San Antonio, TX, for Defendant-Appellant.
    Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     