
    UNITED STATES of America, Plaintiff-Appellee v. Antonio CASTRO-VENTURA, also known as Antonio Castro, also known as Carlos Cabrera, also known as Tono Juarez, also known as Antonio Ventura Castro, also known as Antonio Ventura, also known as Castro Ventura Ventura, also known as Tono Guarez, also known as Antonio Ventura Juarez, Defendant-Appellant.
    No. 07-50959.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 5, 2007.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     