Appealing the judgment in a criminal case, Eddy Oliver Lopez-Lopez raises arguments that are foreclosed by Almenda-rez-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 *588 a separate criminal offense. See United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir. 2007). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.