
    UNITED STATES of America, Plaintiff-Appellee, v. Enrique RECILLAS-GOROSTIETA, also known as Gerardo Martinez, also known as Francisco Gonzalez, Defendant-Appellant.
    No. 05-11164
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Sept. 8, 2006.
    Nancy E. Larson, Assistant U.S. Attorney, Bret E. Helmer, U.S. Attorney’s Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.
    Peter Michael Fleury, Assistant Federal Public Defender, William Ernest Hermesmeyer, Federal Public Defender’s Office, Northern District of Texas, Fort Worth, TX, for Defendant-Appellant.
    Before KING, GARWOOD, and JOLLY, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Enrique Recillas-Gorostieta raises arguments that are foreclosed by Almendarez-Torres v. United States, 528 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     