
    UNITED STATES of America, Plaintiff-Appellee, v. Manuel SOTO-RIVAS, Defendant-Appellant.
    No. 06-11290
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    July 11, 2007.
    Denise B. Williams, U.S. Attorney’s Office Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee.
    Sherylynn Ann Kime-Goodwin, Assistant Federal Public Defender, Federal Public Defender’s Office Northern District of Texas, Lubbock, TX, for Defendant Appellant.
    Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     