
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis RIOS-CASIO, Defendant-Appellant.
    No. 06-10594
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Feb. 7, 2007.
    Sarah Ruth Saldana, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.
    Jason Douglas Hawkins, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.
    Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     