
    UNITED STATES of America, Plaintiff-Appellee, v. Primitivo PROVENCIO-MARTINEZ, Defendant-Appellant.
    No. 06-10867
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 7, 2007.
    Christopher R. Wolfe, Fort Worth, TX, for Plaintiff-Appellee.
    William Ernest Hermesmeyer, Fort Worth, TX, for Defendant-Appellant.
    Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     