IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 5, 2008
No. 07-50937
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JOHNNY GERARDO CASTRO-PADILLA, also known as Carlos Gerardo
Alvarado-Rivera, also known as Carlos Gerardo, also known as Alex Montenegro,
also known as Carlos Gerardo Alvarado, also known as Johny Castro-Padilla,
also known as Joni Gerardo Castro
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:04-CR-582-ALL
Before KING, STEWART, and PRADO, Circuit Judges.
PER CURIAM:*
Appealing the Judgment in a Criminal Case, Johnny Gerardo Castro-
Padilla raises arguments that are foreclosed by Almendarez-Torres v. United
States, 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a
penalty provision and not a separate criminal offense. United States v. Pineda-
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
No. 07-50937
Arrellano, 492 F.3d 624, 625 (5th Cir. 2007), cert. denied, 128 S. Ct. 872 (2008).
The Government’s motion for summary affirmance is GRANTED, and the
judgment of the district court is AFFIRMED.
2