
    UNITED STATES of America, Plaintiff-Appellee, v. Hugo Adiel SERPAS-AMAYA, Defendant-Appellant.
    No. 05-41504
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Sept. 8, 2006.
    James Lee Turner, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Margaret Christina Ling, Assistant Federal Public Defender, Houston, TX, for Defendant-Appellant.
    
      Before KING, GARWOOD, and JOLLY, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Hugo Adiel Serpas-Amaya 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is n°t precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     