Appealing the Judgment in a Criminal Case, Jose Guadalupe Perales-Gonzalez 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. As the Gov *370 ernment notes, Perales-Gonzalez’s request to remand the ease for the district court to correct the judgment is moot. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court, as amended, is AFFIRMED.