
    
      This case was not selected for publication in the Federal Reporter
    
    UNITED STATES of America, Plaintiff-Appellee, v. Ignacio AREVALO-PEREZ, also known as Ignacio Arevalo, Defendant-Appellant.
    No. 06-20201
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 6, 2006.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.
    John Riley Friesell, Bellaire, TX, for Defendant-Appellant.
    Before REAVLEY, STEWART, and CLEMENT, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     