Appealing the Judgment in a Criminal Case, Javier Ojeda-Zaragoza raises arguments that are foreclosed by AlmendarezTorres 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 erimi*372nal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.