
    UNITED STATES of America, Plaintiff-Appellee, v. Luis SALAZAR-ESTRADA, also known as Sergeant Mario Morales, also known as Carlos Carrion, also known as Armoand Roldan, also known as Anastacio Vega-Encino, Defendant-Appellant
    No. 05-21099
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Nov. 9, 2006.
    James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.
    Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.
    
      Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
   PER CURIAM:

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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     