
    UNITED STATES of America, Plaintiff-Appellee v. Raul Ricardo BAUTISTA-AVILA, also known as Raul Bautista, also known as Raul Bautista-Avila, Defendant-Appellant.
    No. 07-50414
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 3, 2007.
    Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    Aka Raul Bautista-Avila, San Antonio, TX, pro se.
    Before JOLLY, DAVIS, and WIENER, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Raul Ricardo Bautista-Avila 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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), petition for cert, filed (Aug. 28, 2007) (No. 07-6202). 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     