
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Eleazar GARCIA-FALCON, Defendant-Appellant.
    No. 05-11210
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    July 13, 2006.
    Denise B. Williams, U.S. Attorney’s Office, Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee.
    David E. Sloan, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, for Defendant-Appellant.
    Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     