Appealing the Judgment in a Criminal Case, Fidencio Lopez-Salazar 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 *305 penalty provision and not a separate criminal offense. The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.