Court of Appeals for the Fifth Circuit December 5, 2007, No. 07-40647 (United States v. Cana-Perez)

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Rutilo Cana-Perez 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), cert. denied — U.S.