UNITED STATES of America, Plaintiff-Appellee v. Jose Antonio GUTIERREZ-BARRAGAN, also known as Jose Antonio Gutierrez, also known as Alfonso Guitterez, also known as Jose Antonio Barragan, also known as Antonio Campillo, Defendant-Appellant, 255 F. App'x 923

PER CURIAM: Appealing the Judgment in a Criminal Case, Jose Antonio Gutierrez-Barragan 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. See 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 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.