
    UNITED STATES of America, Plaintiff-Appellee v. Salvador RAMIREZ-MORA, also known as Victor Ramirez-Pena, also known as Salvador M Ramirez, also known as Salvador Mora Ramirez, also known as Jose Ramirez, also known as Salvador Ramirez-Morales, also known as Juan Ramirez Garcia, Defendant-Appellant. United States of America, Plaintiff-Appellee v. Salvador Ramirez-Mora, also known as Victor Ramirez-Pena, Defendant-Appellant.
    Nos. 07-50473, 07-50483
    Conference Calendar.
    United States Court of Appeals, Fifth Circuit.
    Nov. 8, 2007.
    Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
    
      Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.
    Before KING, BARKSDALE, and DENNIS, Circuit Judges.
   PER CURIAM:

Appealing the Judgments in Criminal Cases, Salvador Ramirez-Mora 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), petition for cert. filed (Aug. 28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgments of the district court are 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       Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
     