
    UNITED STATES of America, Plaintiff-Appellee, v. Carlos NAVARRETE-ORTIZ, also known as Manuel Juarez-Robles, Defendant-Appellant.
    No. 05-41648
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Oct. 5, 2006.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.
    Appeal from the United States District Court for the Southern District of Texas, USDC No. 5:05-CR-1233-ALL.
    Before JONES, Chief Judge, and SMITH and STEWART, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     