
    UNITED STATES of America, Plaintiff-Appellee v. Cosme SANCHEZ-GALLARDO, also known as Jose Salinas-Gonzales, Defendant-Appellant.
    No. 07-11146
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 30, 2008.
    Cody Lee Skipper, U.S. District Court, Dallas, TX, for Plaintiff-Appellee.
    Helen Miller Liggett, Assistant Federal Public Defender, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, for Defendant-Appellant.
    
      Before REAVLEY, JOLLY, and GARZA, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Cosme Sanehez-Gallardo 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), cert. denied, — U.S.-, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 m Cir. R. 47.5.4.
     