
    UNITED STATES of America, Plaintiff-Appellee, v. Carlos Pascual ALONSO, Defendant-Appellant.
    No. 06-11019
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    June 6, 2007.
    Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, Juan Carlos Rodriguez, U.S. District Court, Dallas, TX, for Plaintiff-Appellee.
    Jason Douglas Hawkins, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.
    Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Carlos Pascual Alonso raises arguments that are foreclosed by AlmendarezTorres 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     