UNITED STATES of America, Plaintiff-Appellee, v. Jose Guadalupe PERALES-GONZALEZ, Defendant-Appellant, 220 F. App'x 369

PER CURIAM: Appealing the Judgment in a Criminal Case, Jose Guadalupe Perales-Gonzalez 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. As the Government notes, Perales-Gonzalez’s request to remand the ease for the district court to correct the judgment is moot. The Government’s motion for

summary affirmance is GRANTED, and the judgment of the district court, as amended, 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.