
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Juan ARRIAGA-LOPEZ, also known as Juan Arriaga-Martinez, also known as Jose Juan Lopez-Arriaga, Defendant-Appellant.
    No. 06-50206
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 5, 2006.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Judy Fulmer Madewell, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Jose Juan Arriaga-Lopez 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. Hinojosa-Lopez, 130 F.3d 691, 694 (5th Cir.1997), which held that a Texas felony conviction for possession of marijuana was an “aggravated felony” under § 2L1.2(b) of the Sentencing Guidelines. 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     