Appealing the Judgment in a Criminal Case, Eleuterio Perez-Rayos raises arguments challenging the constitutionality of 8 U.S.C. § 1326(b) and 21 U.S.C. § 851 that he concedes 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. The Govern- *291 merit’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.