United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT December 17, 2004

Charles R. Fulbruge III Clerk No. 04-50130 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN RAMOS-ZUNIGA, also known as Jenaro Ravago-Vazquez,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. DR-03-CR-553-1-AML --------------------

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Juan Ramos-Zuniga

raises arguments that are foreclosed by Almendarez-Torres v.

United States,

(1998), which held that a prior

conviction is a sentencing factor under

(b)(2) and

not a separate criminal offense. The Government’s motion for

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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