UNITED STATES of America, Plaintiff-Appellee v. Rene Arnoldo MOLINA-CUELLAR, also known as Alberto Carlos Lopez, Defendant-Appellant, 249 F. App'x 371

PER CURIAM: Appealing the Judgment in a Criminal Case, Rene Arnoldo Molina-Cuellar raises arguments that are foreclosed by Almen-darez-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. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007), petition for cert, filed (Aug. 28, 2007) (No. 07-6202). The appellant’s motion for

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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.