Court of Appeals for the Fifth Circuit November 9, 2006, No. 06-50331 (United States v. Bermudes-Cruz)

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Hugo Alexander Bermudes-Cruz presents arguments that he concedes are foreclosed by Almendarez-Torres v. United States, 528 U.S. 224, 285, 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, and by United States v. Mendoza-Sanchez, 456 F.