Opinion
No. 07-10185, Conference Calendar.
August 8, 2007.
Denise B. Williams, U.S. Attorney's Office Northern District of Texas, Lubbock, TX, for Plaintiff-Appellee.
Sherylynn Ann Kime-Goodwin, Assistant Federal Public Defender, Federal Public Defender's Office Northern District of Texas, Lubbock, TX, for Defendants Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 6:06-CR-56-ALL.
Before DENNIS, CLEMENT, and PRADO, Circuit Judges.
Appealing the Judgment in a Criminal Case, Pedro Norberto Gonzalez-Nino 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.