07-50292 | 5th Cir. | Aug 9, 2007
Before DENNIS, CLEMENT, and PRADO, Circuit Judges. PER CURIAM: [*]
Appealing the Judgment in a Criminal Case, Luis Carlos Mares-Miranda raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (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. [*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.