
    United States of AMERICA, Plaintiff-Appellee v. Ismael OSORIO-ZUNIGA, also known as Aurelio Rebollar-Rebollar, also known as Ismael Osoria-Zuniga, Defendant-Appellant.
    No. 08-50690.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Dec. 4, 2008.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Before GARWOOD, GARZA, and OWEN, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Ismael Osorio-Zuniga raises arguments that are foreclosed by AlmendarezTorres 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     