
    UNITED STATES of America, Plaintiff-Appellee, v. Ismael CAMACHO-MUNIZ, Defendant-Appellant.
    No. 06-41668
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    April 4, 2007.
    James Lee Turner, Renata Ann Gowie, Assistant U.S. Attorneys, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Timothy William Crooks, Assistant Federal Public Defender, Richard O. Ely, Assistant Federal Public Defender, Marjorie A Meyers, Federal, Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    
      Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Ismael Camacho-Muniz 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 Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     