
    UNITED STATES of America, Plaintiff-Appellee v. Fulgencio CORTEZ-ESCOBAR, Defendant-Appellant.
    No. 07-40038
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Sept. 6, 2007.
    Robert S. Johnson, U.S. Attorney’s Office, Southern District of Texas, Laredo, TX, James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.
    Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Southern District Of Texas, Houston, TX, for Defendant-Appellant.
    Before DeMOSS, DENNIS, and OWEN, Circuit Judges.
   PER CURIAM:

Appealing the Judgment in a Criminal Case, Fulgencio Cortez-Escobar 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. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007). The appellant’s motion for summary disposition 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     