UNITED STATES of America, Plaintiff-Appellee, v. Manuel Humberto MARRUFO-VILLALOBOS, Defendant-Appellant, 234 F. App'x 257

PER CURIAM: Appealing the Judgment in a Criminal Case, Manuel Humberto Marrufo-Villalo-bos 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 affir-mance 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.