United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 21, 2004

Charles R. Fulbruge III Clerk No. 04-50428 c/w No. 04-50429 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CESAR RIOS-MARTINEZ,

Defendant-Appellant.

-------------------- Appeals from the United States District Court for the Western District of Texas USDC No. 3:03-CR-2017-ALL-PRM --------------------

Before JOLLY, JONES, and WIENER, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Cesar Rios-

Martinez concedes that the arguments raised are foreclosed by

circuit precedent but seeks to preserve them for further review.

The Government has moved for summary affirmance in lieu of filing

an appellee’s brief. The motion is GRANTED, and the judgment of

the district court is AFFIRMED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.