Appealing the Judgment in a Criminal Case, Abraham Garda-Franco raises arguments that are foreclosed by United States v. Aguirre-Villa, 460 F.3d 681, 683 (5th Cir. 2006), which held that the district court’s refusal to factor in, when sentencing a defendant, the sentencing disparity caused by early disposition programs does not render a sentence unreasonable, and 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. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.