
    UNITED STATES of America, Plaintiff-Appellee, v. Abraham GARCIA-FRANCO, Defendant-Appellant.
    No. 06-10454
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Nov. 9, 2006.
    Juan Carlos Rodriguez, Dallas, TX, for Defendant-Appellant.
    Carlos R Cardona, Assistant Federal Public Defender, Federal Public Defender’s Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.
    Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Abraham Garda-Franco raises arguments that are foreclosed by United States v. Aguirre-Villa, 460 F.3d 681, 683 (5th Cir.2006), which held that the district court’s refusal to factor in, when sentencing a defendant, the sentencing disparity caused by early disposition programs does not render a sentence unreasonable, and 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     