
    UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo ALVARADO-HENRIQUEZ, also known as Julio Alberto Hernandez-Orellana, Defendant-Appellant.
    No. 05-41403.
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Decided July 13, 2006.
    James Lee Turner, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Laura Fletcher Leavitt, Assistant Federal Public Defender, Sarah Beth Landau, Houston, TX, for Defendant-Appellant.
    Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     