
    UNITED STATES of America, Plaintiff-Appellee v. Isidro PADILLA-VELA, also known as Cesar Padilla, also known as Juan Antonio Padilla, Defendant-Appellant.
    No. 08-50200
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 8, 2008.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
    Federal Public Defender’s Office, San Antonio, TX, for Defendant-Appellant.
    Before JOLLY, BARKSDALE, and HAYNES, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     