
    UNITED STATES of America, Plaintiff-Appellee, v. Jose Santos RAMOS-CANSINO, Defendant-Appellant.
    No. 07-10149
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    July 11, 2007.
    Denise B. Williams, U.S. Attorney’s Office, Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee.
    David E. Sloan, Federal Public Defender’s Office, Northern District of Texas, Lubbock, TX, for Defendant-Appellant.
    Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Jose Santos Ramos-Cansino raises arguments that are foreclosed by Almen-darez-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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     