No. 06-50519 Conference Calendar.United States Court of Appeals, Fifth Circuit.
March 7, 2007.
Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.
Gabriel Dominguez-Castro, Sierra Blanca, TX, pro se.
Appeal from the United States District Court for the Western District of Texas, USDC No. 3:05-CR-2507-ALL.
Before KING, WIENER, and OWEN, Circuit Judges.
PER CURIAM:[*]
Appealing the Judgment in a Criminal Case, Gabriel Dominguez-Castro 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.