Appealing the Judgment in a Criminal Case, Juan Antonio Mijares-Andrade raises an admittedly foreclosed argument pursuant to Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (holding that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense), as well as an argument pursuant to Blakely v. Washington, — U.S.-, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). In light of the Supreme Court’s ruling in United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), Mijares-Andrade has filed an unopposed motion to abandon his second point-of-error, which raised a Blakely/Booker error. That motion is GRANTED.

Because the only remaining issue on appeal is foreclosed by Almendarez-Torres, as Mijares-Andrade concedes, the Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.