
    UNITED STATES of America, Plaintiff-Appellee v. Jose Barron GONZALEZ, also known as Jose Barron-Gonzalez, also known as Fernando Garza, also known as Jose Gonzalez, also known as Juan Jose Barron Gonzales, also known as Jose B. Gonzalez, also known as Fernando Gonzalez, also known as Jose Gonzalez Barron, Defendant-Appellant.
    No. 07-20611
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Jan. 30, 2008.
    James Lee Turner, Assistant U.S. Attorney, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Houston, TX, Defendant-Appellant.
    Before REAVLEY, BENAVIDES, and ELROD, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Jose Barron Gonzalez 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 appellant’s motion for summary disposition 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       Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     