
    UNITED STATES of America, Plaintiff-Appellee, v. Marco Antonio OVALLE-CASTILLO, also known as Francisco Javier Avilla-Valencia, Defendant-Appellant.
    No. 06-40379
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 5, 2006.
    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 JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Marco Antonio Ovalle-Castillo 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, and by United States v. Garcia-Mendez, 420 F.3d 454 (5th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1398, 164 L.Ed.2d 100 (2006), which held that a Texas conviction for burglary of a habitation was equivalent to burglary of a dwelling. 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     